Legal Opinion

Hiller v. Bank of Columbia

Supreme Court of South Carolina

Decided October 28, 1913No. 8679PublishedCited by 6 opinions

Before Gage, J., Richland, Action by Nannie E. Hiller against Bank of Columbia. Defendant appeals. cites: Former adjudication the law of the case: 84 S. C. 196. Charging on the facts: 47 S- C. 523; 57 S. C. 461; 91 S. C. 217; 56 S. C. 531; 68 S. C. 161; 76 S. C. 63; 50 S. C. 168; 49 S. C. 496. Authority of agent: 47 S. C. 147; 26 S. C. 87; 92 S. C. 43; 23 E. R. A. (N. S.) 444. Burden of proof: 92 S. C. 42; 47 S. C. 147. Bank has right to apply deposits to extinguishment of…

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Before Gage, J., Richland, Action by Nannie E. Hiller against Bank of Columbia. Defendant appeals. cites: Former adjudication the law of the case: 84 S. C. 196. Charging on the facts: 47 S- C. 523; 57 S. C. 461; 91 S. C. 217; 56 S. C. 531; 68 S. C. 161; 76 S. C. 63; 50 S. C. 168; 49 S. C. 496. Authority of agent: 47 S. C. 147; 26 S. C. 87; 92 S. C. 43; 23 E. R. A. (N. S.) 444. Burden of proof: 92 S. C. 42; 47 S. C. 147. Bank has right to apply deposits to extinguishment of depositor’s debts: 3 Ency. 835; 69 S. C. 383; 1 Morse on Banks, sec. 324-37; 4 Ded. 524; 59 C. C. A. 427; 6 Cent. Dig.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

A short time after her husband’s death, in 1904, plaintiff collected a policy of insurance on his life, which was payable to- her, in her own right, and deposited the money in the defendant bank to' her credit as “Nannie E. Hiller, adm’x.” Her husband left a will, of which she was executrix, and, after his death, she continued a mercantile business in which he had been engaged, though she was not authorized t0‘ do> so' by the will. Her brother-in-law, John G. Hiller, was her agent in the management of the business. He made deposits…

2Cases cited1 opinion

  1. Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893

3Cited by6 opinions

  1. Drayton v. Industrial Life & Health InsuranceSupreme Court of South Carolina · 1944
  2. Coleman v. LureySupreme Court of South Carolina · 1942
  3. Williams v. Southeastern Life Ins. Co.Supreme Court of South Carolina · 1941
  4. Werts v. Greenwood CountySupreme Court of South Carolina · 1944
  5. Southern Trust Co. v. WilkinsSupreme Court of South Carolina · 1915

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