Handbook of the Law of Banks and Banking

Front Cover
West publishing Company, 1912 - Banking law - 669 pages
 

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Contents

Interstate Daw as Determined by the Constitution
9
Representation of Bank by Officers
10
CHAPTER II
11
Special Deposit
12
Legislative Power 1n the States
13
The Police Power
14
The Power of Taxation
15
Sales and Conveyances of Personal or Real Assets
16
The Right of Eminent Domain 17 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
Retroactlve Laws
22
Actions against Executors and Administrators
23
Receipt and Entry of General DepositsBy Whom Re ceived
24
Evidence and Costs
25
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
Necessity of Demand 7582
75
Overdrafts 8284
82
Statement of AccountEffect
84
Action for DepositDemand and Limitation 00
90
CHAPTER III
96
Presentment and Notice of Dishonor
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
Revocation of Order 148158
148
Forged ChecksSignature of Drawer Forged
159
CHAPTER V
177
Effect of Payment Through Clearing House 179184
179
Effect of RulesNonMembers 184186
184
CHAPTER VI
189
Duties of Bank in Making Collection 192204
192

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Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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...
Page 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.
Page 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.
Page 574 - States or shall bring into the United States or any place subject to the jurisdiction thereof, from any foreign place...
Page 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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