Handbook of the Law of Banks and Banking

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West Publishing Company, 1912 - 669 páginas

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Contenido

Certainty in Pleading
9
Representation of Bank by Officers
10
Kinds of DepositsGeneral Deposit
11
Special Deposit
12
Legislative Power in the States
13
The Police Power
14
The Power of Taxation
15
The Right of Eminent Domain
16
Municipal Corporations
17
Civil Rights and Their Protection by the Constitution
18
Political and Public Rights
19
Constitutional Guaranties in Criminal Cases
20
Laws Impairing the Obligation of Contracts
21
Retroactive Laws
22
Torts
23
Receipt and Entry of General DepositsBy Whom Re ceived
24
Courts and their Jurisdiction
25
Procedure
26
Trials
27
Deposit of PaperDeposit for Collection
28
Check on Depository 2941
29
Title to and Disposition of General DepositsIn Gen eral
41
Deposit by Agent
42
PaymentIn General
56
Banks Lien or Right of SetOffIn General 6162
61
Deposit Made and Debt Owing in Different Ca pacities
67
Right of Surety to Have Deposit Applied 6272
71
SetOff by Depositor 7374
73
Section Page 23 Certificate of DepositDefinition and Effect
75
Overdrafts 8284
82
Statement of AccountEffect
84
Action for DepositDemand and Limitation
90
CHAPTER III
96
Liability of Drawer to HolderIn General
107
Negotiability and TransferIn General
119
Holder in Due Course 120127
120
Liability of Drawee to Holder 127130
127
Certified ChecksLiability of Bank
131
CHAPTER IV
143
Rights of Bank upon PaymentIn General
148
Forged ChecksSignature of Drawer Forged
159
CHAPTER V
177
Effect of Payment Through Clearing House 179184
179
Effect of RulesNonMembers 184186
184
Clearing House Certificates 187188
187
COLLECTIONS Section Page 50 Relation Between Depositor for Collection and Bank 189192
189
Duties of Bank in Making Collection 192204
192
Rights and Liabilities as to Proceeds of Collection Relation of Bank to Customer 201205
204
Insolvency of Bank
205
Collection by Correspondent BankRelation Between Depositor and Depositary and Collecting Banks 212213
212
SetOff of Collecting Bank Against Forwarding Bank
213
TIFF BKs B vii
225
Meaning of Discount 226235
226
Buying and Selling Property 276282
276
Borrowing Money 282284
282
Guaranty and Suretyship 284288
284
Ultra Vires Acts and Contracts 289296
289
Liability of Officers to BankAt Common Law
296
Statutory Liability 297307
297
CHAPTER X
308
Directors 309312
309
President 313318
313
Cashier 318326
318
Tellers and Subordinate Officers 327328
327
Admissions and Representations 328332
328
NoticeIn General
333
CHAPTER XI
345
Deposit after Insolvency 349352
349
Checks and Drafts
352
SetOff
353
Wrongful Receipt of DepositFollowing Trust Fund Preference 354359
354
CHAPTER XII
360
Formation 364
364
Capital StockAmount 368375
368
Transfer of Shares 375376
375
Lien on Shares 377
377
Rights of Stockholders 378379
378
Section Page 99 Dividends 379381
379
Liability of Stockholders for Debts of Bank 381382
381
Who are Liable as Shareholders 382392
382
Enforcement of Shareholders Liability 392396
392
OfficersIn General 396
396
Civil Liability of OfficersAt Common Law 397398
397
Statutory Liability 398404
398
Criminal Liability of Officers 405410
405
Forfeiture and Dissolution 410411
410
Voluntary Liquidation 411412
411
Involuntary Liquidation 413421
413
Transfers and Payments Affected by InsolvencyPref erences 421425
421
Attachments Injunctions and Executions 425427
425
Actions by and Against National Banks 428434
428
Taxation by States 434441
434
CHAPTER XIII
442
Management and Officers 446448
446
Relation Between Bank and Depositor 448
448
ByLawsContract of Deposit 450451
450
Payment on Production of Pass Book 451454
451
Gift of a DepositDeposit in Trust 454
454
Deposit in Name of Another
455
APPENDIX
463
Acts of Congress 463579
579
Appendix
With KeyNumber Annotations
Appendix
MASTER AND SERVANT
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Página 386 - ... in the hands of such executor, administrator, guardian or trustee, shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Página 540 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Página 429 - That suits, actions, and proceedings against any association under this Title may be had in any circuit, district, or territorial court of the United States held within the district in which such association may be established, or in any State, county, or municipal court in the county or city in which said association is located having jurisdiction in similar cases.
Página 136 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance ; and admits — 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.
Página 546 - B.— 35 draws any order or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, mortgage, judgment, or decree; or who makes any false entry in any book, report, or statement of the association, with intent, in either case, to injure or defraud the association...
Página 552 - Nothing herein shall prevent all the shares in any association from being included in the valuation of the personal property of the owner or holder of such shares, in assessing taxes imposed by authority of the State within which the association is located...
Página 127 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Página 541 - But the discount of bills of exchange drawn in good faith against actually existing values, and the discount of commercial or business paper actually owned by the person negotiating the same, shall not be considered as money borrowed.
Página 574 - States or shall bring into the United States or any place subject to the jurisdiction thereof, from any foreign place...
Página 568 - If the directors of any national banking association shall knowingly violate, or knowingly permit any of the officers, agents, or servants of the association to violate any of the provisions of this Title, all the rights, privileges, and franchises of the association shall be thereby forfeited.

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