how made up between bank and depositor, 32. kept by same individual in different rights, must be kept separate by bank, 34. at its peril, 49. effect of manner of keeping, on liability of a surety, 34. illegal items in a running, 35. where there are several, kept by one person in different rights. See how made up in case of insolvency of bank, 50. state of depositor's, not to be disclosed by bank, 57. banker not obliged to balance, in order to prevent bar by limitation, 76. ACCOUNTING, cannot be sought in equity, on ordinary deposit account, 33. erroneously made by drawer of his signature on check, 356. ACTION, will not lie against banker by a third party, 30, 39. on common money counts in favor of depositor, 33. in favor of acceptor, for non-payment of acceptance, 38. lies against maker of note, when bank wrongfully refuses to pay it, 39. on certificate of deposit, 64, 65. no right of, by payee of check given without consideration, 368. on behalf of principal against agents of bank employed by him to make by whom may be brought against collecting bank for default in process whether may be maintained on bank bills without prior demand, 467. shareholder may maintain, for his share of surplus, 511. right of shareholder to maintain, for dividend, 512. lies for wrongful refusal to make transfer and give certificate of shares, 512. may be brought by shareholders against directors for malfeasance, 514, et seq. rights of, in behalf of customer against bank, 1. for his deposit, 519. for wrongful refusal to honor his check, 519, et seq. for paying his check in bad money, 524. right of holder of check to maintain, against bank, 525, et seq. right of, against bank, in favor of true owner of check, after bank has against shareholders to enforce personal liability. See SHAREHOLDER. checks drawn against deposit by, 290. ADMISSIONS, by president, how far bind bank, 149, et seq. of cashier, how far bind bank, 188, et seq. admitted as part of res gestæ, 190. of principal in official bond, how far available against surety, 246. ADVANCES, by banker to customer, 38. AGENCIES, how far may be lawfully established, 4. established for issue, redemption, &c., of bills of bank established in AGENCY, question of, in business of collection, 404, et seq. AGENT, See ACTION; COLLECTION. subagent of bank employed to make collection may be treated as, of AGENT-Continued. liability of a collecting bank for selecting improper, 415. ALTERATION, by drawer, of his own signature on a paid check, 358. of check after signature. See CHECK. APPROPRIATION, of payments and deposits, how made, 32, et seq.; 34. may be made by depositor, 34. how far may be made by banker, 34, 35. of deposit, to pay customer's debt to banker, 47. ASSETS, of bank includes liability of any director to it, 135. in bankruptcy, checks drawn against deposit of, 290. not effected by check, 29, and 525–537, passim. ASSUMPSIT, will lie where special deposit has been converted, 72. against national banks in State courts, 572. B. BAILMENT, liability of bank in cases of, 5. See BANK. of bank-bills as collateral security, 461. BALANCE. See DEPOSIT. BANK, Points more especially relating to National Banks are separately indexed under title NATIONAL BANKS. creation of corporation, 3. where may carry on business, 4. implied powers of, 4. may borrow money, 4. deal in checks, 5. strictly limited to conduct of banking business, 5. may not deal in stock or bonds, 5, 6. hold stock or bonds as security, 5, 6. BANK-Continued. liability of, as bailee, 5. may exchange national securities, 6. power of, to deal in merchandise, &c., 6. take hold and sell real estate, 8, et seq. See CONTRACT. cannot engage as surety, 11. indorse for accommodation, 11. bound by acts of its officers, 12. may make discounts, without infringing usury laws, 17. See DISCOUNTING. continuance of old, and creation of new, how distinguished, 26. relations of, to depositor. See Depositor. not liable to suit by third party for a deposit, 30. obligation upon, to pay depositor's checks, 35. See ACTION; CHECK. is entitled to written order from depositor for payment of money, 36. when protected in refusal to honor check, 36. under obligation to pay depositor's bills, notes, and acceptances made seq. advancing money to pay customer's drafts, &c., 38. has lien on funds of depositor, 42, et seq. See LIEN. character of obligation resting upon, to honor its due bills, 55. shall not disclose state of depositòr's account, 57. may transact business through agents, without using corporate seal, 77, et seq. See OFFICER OR AGENT. liable for act of its general manager, 90. responsibility of, for special deposits, 66, et seq. for collateral security, 69. how far liable for wrongful or irregular acts of officer or agent, 97, cases illustrative of measure of this liability, 98, et seq. nature of this liability of, defined, 99. instances in which this liability of, has been enforced, 101. liable for notes unlawfully issued, 105. accommodation indorsement unlawfully made, 104. loan, made in fact to bank, 105. property of, how far controlled by directors, 118, et seq. |