Brummagim v. Tallant
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. A. J. King, on the 8th day of December, 1860, deposited with Tallant & Wilde, bankers, two thousand dollars, and received certificates of deposit therefor payable to his order on demand. The certificates were shortly after stolen from King, and Tallant & Wilde, December 27th, 1860, paid King, the money.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. A. J. King, on the 8th day of December, 1860, deposited with Tallant & Wilde, bankers, two thousand dollars, and received certificates of deposit therefor payable to his order on demand. The certificates were shortly after stolen from King, and Tallant & Wilde, December 27th, 1860, paid King, the money. At the same time, King, to indemnify them, delivered to them three thousand dollars in six per cent bonds of the City and County of San Francisco. Tallant & Wilde at the same time gave King a written…
1Opinion of the Court
By the Court, Sanderson, J.
The only question which we deem it necessary to notice in this case relates to the time when the Statute of Limitations begins to run against an instrument in use among bankers, called a certificate of deposit. On the part of appellant it is claimed that a demand and refusal to pay is necessary in order to put the statute in motion, for the reason, as alleged, that until there has been a demand and refusal, there is no breach of the contract on the part of the banker, and consequently, until then, no right of action has accrued to the depositor.
It was held…
2Cases cited6 opinions
- Kilgore v. BulkleySupreme Court of Connecticut · 1841
- Minturn v. FisherCalifornia Supreme Court · 1854
- Laughlin v. MarshallIllinois Supreme Court · 1857
- Bank of Peru v. FarnsworthIllinois Supreme Court · 1857
- Carey v. McDougaldSupreme Court of Georgia · 1849
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3Cited by15 opinions
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- Poorman v. D. O. Mills & Co.California Supreme Court · 1868
- Bank of Am. Nat'l Trust & Sav. Ass'n v. CranstonCalifornia Court of Appeal · 1967
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