Gordon v. Müchler
Supreme Court of Louisiana
APPEAL from the Third District Court for the Parish of Orleans. Monroe, J. 1. A bank cannot apply deposits held by it to the payment of an indebtedness due it by the depositor. C. C. 2210, 2956 ; 12 An. 257; 7 An. 53; 2 An. 25; 11 An. 73 ; 23 An. 116 ; 32 An. 590. Neither custom, nor the by-laws of tbe bank can authorize such compensation or set off, when prohibited by law. 23 An. 113; Sec. 5136, R. S. IT.
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APPEAL from the Third District Court for the Parish of Orleans. Monroe, J. 1. A bank cannot apply deposits held by it to the payment of an indebtedness due it by the depositor. C. C. 2210, 2956 ; 12 An. 257; 7 An. 53; 2 An. 25; 11 An. 73 ; 23 An. 116 ; 32 An. 590. Neither custom, nor the by-laws of tbe bank can authorize such compensation or set off, when prohibited by law. 23 An. 113; Sec. 5136, R. S. IT. S.; 5 N. S. 344; 9 An. 44; Angelí and Ames on Corporations, §§ 333, 335 ; C. C. 433, 445; 25 An. 413. 2. A check is not an assignment of tbe stated amount of the fund upon which it is…
1Opinion of the Court
' The opinion of the Court was delivered by
Eenner, J.
This case presents a triangular contest between three creditors of F. Müchler, over a balance standing to the credit of the lattor’s deposit account with the Union National Bank. ■
*6061. The Union National Bank claims that the credit was extinguished by compensation, because it (the Bank) was holder of a dishonored draft of Müehler, and has applied the credit to the extinguishment of said debt.
2. The Louisiana National Bank claims it as holder of a check of Müehler on the Union National Bank for the exact amount of the credit, which check had…
2Cases cited5 opinions
- Ferguson v. Bloom, Pennsylvania Court of Common Pleas, Clearfield County1891
- State v. WrightSupreme Court of New Jersey · 1891
- Jackson v. TiernanSupreme Court of Louisiana · 1840
- Foster & Co. v. RunkSupreme Court of Pennsylvania · 1885
- Poydras v. DelamareSupreme Court of Louisiana · 1839