Abraham Clark Freeman.

The American state reports: containing the cases of general value and ... online

. (page 112 of 121)
Online LibraryAbraham Clark FreemanThe American state reports: containing the cases of general value and ... → online text (page 112 of 121)
Font size
QR-code for this ebook


when no findings of fact were presented by the appelant, and no r»-
quest made for additional or more specific findings, or different con-
clusions of law. (Adams etc Co. t. Deyette, 887J

9.JnDOMBNT&-PRBSnMPTIONS IN FAVOR OF, Instead of
those against, the regularity and Yalidlty of a Judgment are indulged
on appeal, and when the date of the commencement of an action is
material to the validity of such Judgment, and the record fails to show
when summons was served or the action commenced^ the appellate
court will presume, in favor of the Judgment, that the summons and
return thereon were Judicially noticed in the lower court, and that the
Judgment therein was supported by such notice. (Searls t. Knapp,
878.)

10. PRACTICE.— It is not error for the court to refuse to snbmit a
epecial issue to the jury if their answer could not have tended to any-
tning decisive In the case. (Norton v. Volzke, 187.)

11. PRACTTICE.— It is not error for the court on its own motion to snb-
mit special issues to the jury proper in form and pertinent to ths eaoss.
(Norton v. Volzke, 167.)

12. APPEAL-DIRECTING JUDGMENT.— If the supreme ooart is
able, from an examination of the admitted facts, to direct judgment,
it will do so without sending the case back for a new trfaL (^Dsylor
T. Bleakley, 238.)

See Certiorari; Damages, 4; ElectionSy 11; NewlHaL

APPROPRIATIONS.
See Statutes, 2-4.

ARBITRATION AND AWARD.
ARBITRATION AND AWARD — RESORT TO ATBRAGR-
Under an agreement that if two arbitrators named are unable to
agree they shall choose a third, and that the decision of any two of
these shall be binding, no other mode of procedure can be adopted.
Hence, if, instead of choosing a third, the two named each marks
down a sum, and they report the average as their award, the resort
to average, as well as the violation of the terms of submission, makes
the award invalid, and it will be set aside in an action of d^t bioaght
thereon. (Luther r. Medbury, 768.)

ARREST.
See False Imprisonment.

ASSAULT.
ASSAUIiT TO RAPH»-WOMAN»8 STATEBfBNTS AS PART OF
RES GEST^.— In a prosecution for an assault with intent to commit
rape, what the woman said about the affair immediately after its
occurrence is a part of the res gestae and is admlssibls erl d sac s
against the man. (State r. Fitssimon, 706.)

ASSESSMENTS.
See Definitions; Municipal Corporations, It.

ASSIGNMENT FOR THE BENEFIT OF CREDITORS.
I. ASSIGNMENT FOR BENEFIT OF CREDITORS-CONFLICT
OF LAWS.— The validity of an assignment for the benefit of crsd-



Digitized by



GooqIc



Index. 981

Hon, made, to ftir as Bignlng and dellTery is concerned. In one atate
to a resident thereof by a nonresident debtor, of property wholly
within the state of his residence, and finally executed by being
recorded in that state, is to be determined by the law of that state.
(McKibbin v. EUingson, 499.)

2. ASSIGNMENT FOR BENEFIT OF CREDITORS-VALIDITY
—CONFLICT OF LAWS.— If the validity of an assignment for
the benefit of creditors appointing a nonresident assignee is not de-
termined by the hiw of the state where it is executed, its validity
must be decided by the rules of common law, when questioned in
another state. (McKibbin v. EUingson, 499.)

3. ASSIGNMENT FOR BENEFIT OF CREDITORS— CONFLICT
OF LAWS.— An assignment for the benefit of creditors, valid by the
law where the debtor resides and where the property Is situated*
passes the title to the assignee, and the subsequent removal of the
property to another state does not displace such title as to creditors
residing therein, and seeking to recover on their claims. (McKib-
bin V. EUingson, 499.)

4. ASSIGNMENT FOR BENEFIT OF CREDITORS-BVIDBNCB
OF FRAUD.— By the common law, the appointment of an unfit
assignee for the benefit of creditors, as distinguished from one in-
capacitated by law to take and execute the trust is a badge of fraud,
but does not render the assgnment void ipso facto. (McKibbin v.
EUingson, 499.)

See Banks, 1» 4; Factors, 2; Insurance, 6; Limitations of Actions, 1.

ASSOCIATIONS.

See Banks, 15: Building and Loan Associations; Religious Societies:

Trademarks, 1-8.

ASSUMPSIT.

1. ASSUMPSIT.— A MERE NAKED TRESPASS, atthongh creatine

a linbllity for dninnirrs cjiuiiot Ik* llie Ikss b «.« ;iii m-piirtl nssiiiupsu.
Assumpsit does not lie to recover damages for the tort, but to recover
the value of that which the wrongdoer has appropriated to his own
use, the Inw Implying a promise to pay its reasonable value. (Dowus
V. Finnegnn. 488.)

2. ASSUMPSIT AGAINST TRESPASSER-ADVERSE P08SB8-
SiON.— If the occupancy of a trespasser, who severs trees or stone
from the land of another and converts the property tnlceii to his own
use, is such as to create an adverse possession, assumpsit does not lie
for the value of such property. (Downs v. Flunegau. 488.)

8. ASSUMPSIT— WAIVER OF TORT TO SUE IN.— The right to
waive a tort and sue on an implied assumpsit extends to cases where
there has been a wrongful conversion of the property of one person
to the use of another, whether sold by the latter or not. and also to
cases where a trespasser has severed trees from land in possession
of the owner, or has quarried stone thereon, and hns afterward taken
the trees or stone, converting such property to his own use, so that
trover or replevin might be maintained. (Downs v. Finnegnn. 488.)

4. ASSUMPSIT— WAIVER OF TORT TO SUE IN-COUNTER-
CLAnr.— If a party may sue In tort or in assumpsit, and he elects to
waive the tort and sue In assumpsit, his demand may be counter-
claimed against a plaintlfTs cause of action arising on another con*
tract, or. if itself set up by a plaintiff as arising on contract, it tnnj
be opposed by a counterclaim arising out of another contract,
(Downs T. Finnegan, 488.)

See Factors, U



Digitized by



GooqIc



983 LffDiz.

4TTA0HHJSNT.
iee Insolvency, S»

ATTESTATION.
See Wills, &-«•

ATTORNEYS.
Bee Ezeeaton and Administrators, 5; Treaties, S.

AUSTRALIAN BALLOT LAW.
See Elections, 2-8.

AWARD.
Bee Arbitration, etc

BAILMENT.
BAILMBNT.— A DRBSSM AKBR, BEING A BAILBS FOR HIRI^
18 HELD TO THAT DEGREE OF SKILL AND GARB which will
enable her to do her work In a reasonable and proper manner. Her
understanding that it was proper to make a dress op wrong side out
cannot relieve her from liability for doing so, if. In the ezerelse of a
proper degree of skill and care, the dress ought not to have been made
np in that way. (Lincoln v. Gay, 480.)

BALLOT-BOXES.
See Elections, S.

BALLOTS.
See Elections.

BANKS.

1. BANKS AND BANKING-COLLECTIONS AS TRUST FUNDa
If a collection is intrusted to a bank, with instructions to receive the
money due and forward a draft for the balance, after deducting
charges, and such bank is insolvent at the time, of which fact its
officers are aware and its customer is ignorant, and such moneys are
collected and not paid over, they do not constitute a trust fund, which
the customer can recover from an assignee for the benefit of the
creditors of the bank. In preference to other creditors, out of moneys
on hand at the time of the assignment, unless there is some agree-
ment or course of dealing whereby the fundis are to be held separate
and the identical proceeds remitted. (Sayles v. Cos, 940.)

2. BANKS AND BANKING-TRUST FUNDS.— If money is placed
In a bank to be paid to a certain person upon the happening of a cer-
tain event, the depositor taking a receipt reciting the purpose for
which the money Is deposited, after which such money Is mingled
with the other deposits in the bank without the depositor's knowledge
or consent, and, before the event happens or the money is paid over,
the bank fails and goes into the hands of a receiver, the money so
deposited is a trust fund, and not assets of the bank, and the depositor
has a right to follow and recover It In the hands of the receiver.
(Kimmel v. Dickson, 860.)

8. BANKS, LIABILITY FOR AGENTS SELECTED FOR COL-
LECTION.— If a bank takes a bill or note for collection at a disUnt
place, a collecting bank selected by it at the latter place is not re-
sarded as its agent, but as the agent of the owner, and the former
bank is not answerable for the default or misappropriation by the lat-
ter, where due care was used in selecting the corresponding bank.
(Waterloo Milling Co. v. Kuenster, 150.)



Digitized by



GooqIc-



Ihdsz. 988

LBANKS AKD BAKKINO.-THB QXTBSTTON OV* FRAtJD 07 A
BANK IN BBGBIVING A NOTB FOB OOLLBOTION when It Is
tnaolTent Is not material, when the contest Is between the owner of the
note and other creditors of the bank, and cannot entitle the former to
any preference oyer the latter out of moneys on hand when the bank
makes an assignment for the benefit of its creditors. (Sajles t. Cox.
94a)

5. BANKS, BIGHT OF TO BECOVEB MONEYS PAID ON
WORTHLESS DRAFTS.— II a bank to which drafts are confided for
collection tranalnits them to another bank at the place where they are
payable, and receiyes from the latter drafts, the amount of which it
pays OTer to its customer, and such drafts being immediately for
warded for collection, are dishonored, the moneys so paid may bs
recovered from the customer receiving them. (Waterloo Milling Gow
T. Knenster, 160.)

6. BANKINQ-OBEDniNG A FORGED OHEOK» WHEN REVO-
GABLE. — If a person named as payee in a check indorses it to a
bank, which in turn forwards it to the bank on which it was drawn
lor collection, and the latter credits, it to the former, it mav, on
discovering that the check has been fraudulently altered after it
was issued, bv changing the name of the pavee and raising ths
amount, cancel such credit, and the indorser, in an action by ths
discounting bank, cannot defend on the ground that such check has
been paid by the drawee. (Birmingham Nat Bank r. Bradley, 17.)

7. BANKS -NO ESTOPPEL FROM PBOVING UP GLAIM. — A
bank is not precluded from recovering from its customer the amount
of drafts which it had paid over to him, and which are subsequentlv
dishonored, by the fact that it proved up and claimed and received
dividends in its own name on account of such drafts. (Waterioo
Milling Go. T. Knenster, 15a)

a PAYMENT TO A BANK IN ITS OWN GHBGK of a dalm placed
In its hands for collection is equivalent to a payment in money, though
It falls on the same day. (Sayles v. Gox, 040.)

9. CORPORATIONS, IMPBRFBOT-LLABILTTY OF AS OOMMBB-
CTAL PABTNEBSHIPS.^The members of an nnincorporated asso-
i-tatlon conducting the banking business are liable as commercial
partners. (Williams r. Hewitt, 894.)

10.CORPORATIONS.-UNINGORPORATBD BANKBBS ABB LIA-
BLE to the full extent of their engagements. (Williams t. Hewitt,
S94.)

11. CORPORATIONS, IMPERFEOT— ESTOPPEL.— If an nnlncop.
porated association is conducting a banking business, the fact that the
lank is sued along with the individual memberd ot the association does
not estop the plaintiff from denying the corporate capacity of the bank.
(Williams v. Hewitt, 894.)

12. CORPORATIONS, IMPERFECJT — ESTOPPEL.— The pWntiff Is
not estopped from denying the corporate capacity of a defendant bank
by the fact that in a prior litigation, wheie the present plaintiff was
tlien defendant, and one of the present defendants was then plaintiff,
he averred that the then plaintitT was president of the bank, as this
did not admit that the bank was a corporation. (Williams v. Hewitt,
894.)

18. CORPORATIONS, IMPERPECrr-BSTOPPBL.-One who has de-
posited money with an unincorporated association doing a banking
'business is not estopped from holding the individual members thereof
liable as commercial partners by the fact that the association as-
sumed to be a de facto bank, with a president and cashier, and
ceeelved deposits and paid checks. (Willhims v. Hewitt, 894.)

Digitized by LnOOQ IC



'84 Index.

koobpobahons, impbrfidot-bitbdbn of fboof a8 to

FACT OF INOOBPORATION.— If the indiTidual memben of an an-
Inoorporated association doing a banking business are sued as com*
nerclal partners, the burden is npon defendants, if they claim exemp>
tion from liability because of being a corporation, to prove that they
had become a corporation by complying with the requisites of the law.
(WillUms T. Hewitt, 894.)

15. COBPORATIONS, IMPBRFBOT— PLEADING— MISJOINDER
OF PARTIE8.-~If suit is brought against the individual members of
an unincorporated association doing a banking business* there Is n«>
misjoinder in including the bank itself as a defendant (WUllam»
T. Hewitt. 894.)

See Checks.

BIOYGLES.
Bee Highways.

BOUNDARIES.
1. BOUNDARIES.— IF A BOUNDARY LINE IS DESCRIBED^
AS RUNNING TO THE MOUTH OF A CREEK AND THENOB
ASCENDING SUCH CREEK, eivingalarge number of courses and
distances, and then as crossing the creek, the thread of the stream i*
the boundaiy, and the calls for courses and distances must be disre-
garded, if they do not follow such thread. (Freeman t. Bellegaids^
76.)

5. BOUNDARIES.— THE MEANDERING OF A STREAM bv »
surveyor, and the giying of the courses and distances of such meanders
in a conveyance, do not prevent the title of the grantee from extend-
ing to the thread of the stream. (Freeman v. Bellegarde, 70.)

8. BOUNDARIES — CROSSING A STREAM.-The fact that in a
conveyance, after mentioning several courses and distances in ascend*
ing a creek, the line is described as crossing the creek, does not show
that the true boundary is at the side or bank of the stream nor else*
where than in the thread thereof. (Freeman v. Bellegaide, 70.)

4. BOUNDARIES.— THE TERM "SHORE" ordinarily indicate*
lands periodically covered and uncovered by the tide, bat is sometimes
applied to a river or pond as synonymous with "bank.** (Freeman t.
Bellegarde, 78.)

6. BOUNDARY, SHORE AS A.— In the absence of any qnaliflca*
tion, a grant bounded by the shore of a river or other stream, when
the grantor is the owner of the bed thereof, conveys the land to tb»
lowest point of the shore at any time, in order that the grantee
may at all times have access to the stream. If^ in the conveyance^
any point is designated as being on the shore, this shows what point
the parties understood to be designated by that term, and the lx>und-
ary must be run accordingly, though to do so requires the disregarding
of specified courses and distancea (Freeman v. Bellegarde, 70.)

6. BOUNDARIES.— A GRANT OF RIPARIAN TIDAL LANDS by
the owner must receive the same construction as the grant by him of
any other riparian lands. (Freeman v. Bellegarde, 78.)

7. BOUNDARIES UPON TIDAL STREAMS.— If the owner of lands
in which a tidal stream is included makes a grant of land, describing
the boundary as ascending the stream, such boundary extends to th«
thread of the stream. (Freeman v. Bellegarde, 78.)

BRIDGES.
See Counties.



Digitized by



GooqIc



Index. MS

BR0KEB8.

1. A BBOKEB 18 NOT ENTITLED TO OOMMI88ION8 U5LE88
he finds and produces to the vendor a parchaser who is ready, willing,
and abto tD complete the purchaae as proposed. (Wilson t. Maaon,

lez.)

2. A BKOEER 18 NOT ENTITLED TO HIS COMMISSIONS when
tlio purchaser foand and produced by him does not enter into a valid,
binding, and enforceable contract, and refuses or fails to complete the
purchase. (Wilson t. Mason, 162.)

3. A BROKER EARNS HIS COMMISSION WHEN be produces a
purchaser between whom and the vendor a valid contract to purchase
18 entered into, mutually obligatory upon both, though the purchaser
afterwards refuses to comply with his part of the contract (Wil-
son V. Mason, 162.)

4. BROKERS— STATUTE OF FRAUDS.— If a contract is of sach
a character that the vendee may successfully plead the statute of
frauds against its performance, then it is not a vaud contract entitling
tlie broker to commissiona. (Wilson v. Mason, 162.)

BUILDING AND LOAN ASSOCIATIONS.
BUILDING AND LOAN ASSOCIATIONS-WITHDRAWAL OF
NONBORROWING MEMBER— RIGHT TO RECOVER.— A nonbor-
rowinit member of a mutual building association, who has brought
himself within the rules by notice of withdrawal, cannot bring an
action and take judgment against the association when, by reason
of its by-laws and the statute, there is no money In the treaaury
legally applicable to the payment of his claim. He must abide l^
the condition of the treasury and take his money when funds prop-
erly applicable for the purpose are on hand, and not until then.
In the absence of fraud on tho part of the association. (Heinbokel
V. National Savings etc. Assn., 610.)

EURO FN OF PROOF.
Bee Electiona» 12» 18; Homicide, 8; Insurance, 16, 17; Hnnidpal Cor-
porations, 11 ; Negligence, 7.

BURGLARY.
BURGLARY— DISTINCT OFFENSES— BVIDBNCB.— If the evi-
dence In a burglary case shows that the defendant twice entered the
house on the same night within a space of two hours. It Is not error
to refuse to rule that this constituted two separate burglaries, and
that the prosecuting officer should be compelled to elect upon which
one he would go to the jury. Even If the breakings were separate
and distinct felonies, evidence of the second breaking Is competent to
show the whereabouts of the defendant during the nlgbt in question.
(State T. Fitzsimon, 766.)

Bee Indictment, 8,

BURIAL RIGHTS.
BURIAL RIGHTS-REMOVAL OF RBMAINS.-A widow, and
not the next of kin, has the right to control the burial of her deceased
bnsband, dependent, however, upon the peculiar circumstances of the
case, or the waiver of such right by consent or otherwise. If her right
lias not been waived, she may remove the body, after interment, to
another place of sepulture. (Hackett v. Hackett, 762.)

BY-LAWS,
flea Appeal, Ik



Digitized by



GooqIc



986 Indix.

0AN0ELLATI05.

Bee Equity, ^

CAPITAL STOCK.
See Corporations, 9-lib

CARRIERS.
1.CARRIBR8 — CONTRACTS OP CARRIAGE — CONFLICT OF
LAWS.— A contract made in one state, between a railroad company
and a shipper for the transportation of freight from a point in that
state to a point in another state, and limiting the liability of the car^
rier, must be interpreted according to the law of the state where made^
but if an action upon such contract is brought in another state, the
court does not take Judicial notice of the law of the former state, and
it must be alleged and proved the same as any other fact (Meuer t.
Chicago etc Ry. Co., 808.)

2. CARRIERS, TO WHOM LIABLE FOR LOSS OF GOODS.— U
goods are sold to be delivered by a vendor f. o. b. at a place designated,
such delivery terminates the title of the vendor, and he cannot sustain
an action for eubseouent injury to the goo^ia through the negiigenoe of
the carrier. (Capehart v. Furman Farm etc. Co., 60.)

8. PLEADING.— ONE WHO SUES AS OWNER of property to en-
force the common-law liability of a carrier upon his failure to deliver
It, cannot recover on the proof that he had a mere lien thereon.
(Capehart v. Furman Farm etc. Co., 60.)

4.CARRIBRS-C0NTRACTS LIMITING LIABILITY.-A common
carrier may limit his liability by express contract, except as to gross
negligence, fraud, or willful wrong of himself or ills servants.
<Meuer v. Chicago etc. Ry. Co., 808.)

6. CARRIERS-REGULATION LIMITING LIABILITT.— Common
carriers may by regulation make rates for the transportation of live
animals to depend upon their value as given by the shipper, and may
restrict his claim for damages for injury or loss to the viUne he places
uponhis property for transportation with notice of such regulation.
(Duntley v. Boston etc. R. R., 610.)

6. CARRIERS— CONTRACTS LIMITING LIABILITY.— A contract
between a carrier and a shipper, providing for the transportation of
livestock at a reduced rate and stipulating that the shipper shall be
entitled to pass free on the train to care for, feed, water, load, and
unload his stock, at his "own risk of personal injury, from whatever
cause," relieves the carrier from all liability for any injury to thm
shipper while a passenger or engaged in the execution of the contract;
not caused by the gross negligence, fraud, or willful wrong of the car-
rier or his servants. (Meuer v. Chicago etc. Ry. Co., 808.)

7. CARRIBRfr-CONTRACTS LIMITING LIABILITY.— A contract
between a carrier and a shipper, providing for the transportation
of livestock, at a reduced rate, and stipulating that the shipper shaQ
be entitled to pass free on the train to care for, load, and unload his
stock, at "his own risk of personal injury, from whatever cause*' r^
lieves the carrier from liability for personal injury received by the
shipper while unloading his stock at the place of destination after he
has left the cars as a passenger, although such injury is caused by the
ordinary negligence of the carrier or his servants. In such case the
carrier can be held liable only for gross negligence, fraud, or vrlllful
wrong of the carrier or his. employees. (Meuer v. Chicago etc Ry.
Co., 898.)

8. CARRIERS-CONTRACTS LIMITING LIABILITY— CONFLICT
OF LAWS.— If a contract Is made in one state, between a carrier and



Digitized by



GooqIc



IXDBC. 987

m iUpfMr, ftt tt» fransportatf on of freight from a point In that atatt
to a point in another itate, and an action is brought upon the contract
in the latter state, the court presumes, in the absence of evidence,
that the law of the place where the contract is made is the same aa
the state where the action is brought, and the contract must be inter-
preted according to the law of the latter state. (Mener r. Chicago
etc By. Go., 88&)

t. GARRIBR8-RBOULATION OF FRBIOHT GHAROB8.— A
common carrier may prescribe just and reasonable regulations to pro*
tect himself against fraud, and fix a rate of charges for freight pn^
portionate to the magnitude of the risk he assumes. (Duntley ▼•
Boston etc. R. R^ 010.)

See Railroads, 10-14, 88.

CAVEAT EMPTOR.
Bee Fraud, i.

CERTIORARI.
CERTIORARI IS THE ONLY REMEDY in the appellats conrt.
If the amount involved in a civil suit is lees than the minimum limit
•f that court's Jurisdiction. (State t. Payssan, 390.)

CHANCERY.
See Equity; Partition, ft.

CHARACTER.
See Homicide, 2.

CHARTERS.
See Corporations, 8.

tHASTITY.
See Rape.

CHATTEL MORTGAQES.
See Fkaudulent Conveyance; Statutes« 1.

CHECKS.
L A BANE CHECK IS PAYABLE IMMEDIATELY on presenUtloB
and deomnd. (Industrial Trust etc. Co. t. Weakley, 46.)

2. BANKING. — THE DRAWER OF A CHECK IS LIABLB
THEREON WITHOUT PRESENTMENT or notice if be had not
moneys on deposit to meet the check when drawn, or, if then having
them on deposit, he subsequently withdraws them. (Indnstrlal
Trust etc. Co. t. Weakley, 45.)

8. BANKING.-IF A CHECK IS NOT PRESENTED WITHIN A
REASONABLE TIME, and the bank fails, the payee must suffer the
loss If the drawer has moneys on deposit snfflcient to pay it (Indus*
trial Trust etc Go. t. Weakley, 45.)

4. BANKING.— LACHES IN THE PRESENTMENT OF A CHECK
DO NOT DISCHARGE the drawer from liability thereon, except to
the extent he has suffered injury thereby. (Industrial Trust etc Ga
v. Weakley, 45.)

5. A BANK C^BOK SHOULD BE PRESENTED FOR PAYMENT
within bank hours on the day on which it is received, or on the day
following if the bank on which it is drawn is in the same place

Digitized by Vj^^^^V IC



988 Ihdbx.

wbera tiw p^fm itoel^M It. If, within that time, tte buik Ul^
the lots mint 1m bonw bj tbm drawer. (Indottzlal Ttuit ate. Oou ▼•

iWeakley, 45.)

6. A BANK CHECK SHOULD BE PRESENTED FOB PATMSNT
within reasonable time. Otberwiae the delay is at the peril of the
payee. (Induatrlal Trust etc. Co. t. Weakley, 46.)

7. BANKINQ— OVERDRAFTS— LACHES IN NOT PRESENTING.
If, when a cheek is drawn, it is in ezcesa of the amoont which the
drawer has in bank, bat he baa made arranffements with the bank
to be permitted to overdraw, and the checK, if presented in dne
time, would haye been paid in full, the payee is answerable to the
drawer for all damages which he may have suffered from the laches in
the presentment of the check. (Industrial Trust etc Co. T. Weak-
ley, 45.)

8. BANKING.— IF A CHECK IS DRAWN IN EXCESS OF THB
AMOUNT WHICH THE DRAWER HAS ON DEPOSIT at tha
bank, this deficiency excuses the drawee for want of presentment for
payment, and renders the drawer liable on such check- without any de-
mand or notice, unless he was authorized to make oTerdiafti. (In-
dustrial Trust etc Cc T. Weakley, 46.)

9. OVERDRAFT— DAMAGES FOR LACHES IN PRESENTING.
If a check is drawn in excess of the amount which the drawer baa
on deposit under an agreement that the bank will pay the oyerdraft,
anJ the payee fails to present it within a reasonable time, and the



Online LibraryAbraham Clark FreemanThe American state reports: containing the cases of general value and ... → online text (page 112 of 121)