The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-08
THE RECORD OF THE COURTS
Superior Court.

GENERAL TERM.
The following decisions were rendered in gen
eral term yesterday:
Amanda Flack vs.. l. & St L. Railway Com
pany Affirmed per curtain. Appeal prayed
and granted.
Abigail f. Ross vs.. Mary Morrison administra
trix Affirmed per curiam. Appeal taken.
John F. Hill VS., John T. Pressly. Affirmed.
Howe, j. Appeal taken
Ingram Fletcher ct al. VS.. George E. Tuley ct
al. Affirmed per curiam.
Caroline Kitley vs.. p, c. & St L. Railroad
Company. Affirmed per curiam. Appeal taken.
Richard Kirk VS.. P, c. & st. L. Railroad
Company. Affirmed per curiam. Appeal taken.
frmed per curiam.
Board of School Commissioners VS. Ernest
Kitz, trustee. Judgment reversed per curiam.
William W. johnson ct al. VS.. Union Railway
Company Affirmed per curiam. Appealed
Nancy E. Cook VS. City Afirmedper curtain.
Appealed.
Christian Grpsche VS.. Jens Larsen. Affirmed
per curtain. Appealed.
Parmelia Klinesmith VS.. Henry NJ. Socwell.
Affirmed per curiam. Appealed
Mary Morrison ct al. VS.. VIM Needham ct al.
In that the receiver is appellant on ruling in
a claim made by the Dundee Mortgage Loan and
Trust Company. Judgment special term reversed.
Howe, j. Walker concu1ring
VIM. III. Williams VS.. Northwestern Mutual
Life Insurance Company. Affirmed per culiam.
Appealed.
per eurian. Appealed.
Anna Hayden VS. P, c. G. St. L. Railroad Com
pany. Affirmed. Howe. j.
Frank McWhinney VS.. City Affirmed. Howe,
J. Appealed.
Joseph b. Dessar VS. jackson King. Civil ar
gument before full bench.
John Mcintyre vs. Geo. p Bissell. Also az
gued on ruling Of court on motion in arrest.
Mary Morrison VS.. William Needham ct al.
Reversed. Howe, J.
If one who has deposited a draft in an insolv-
emit bank can reclaim it of the bank or its reeeiv
er on account of fraud on the part of the bank in
concealing its insolvency, it must be upon
grounds similar to those upon which seller is
entitled to recover goods sold to an ins0lvent
purchaser. e Lansing, ST. "a ~ j. Eq., 367).
In such cases the seller must show not only that
the purchaser was insolvent, but also that at the
time when he purchased the goods he intended
not to pay for them. (I3igelow Fraud, 81; Benja-
min Sales. 4th Am. ed. by Bennett see 40; Kerr
Fraud, llth Am ed, los note.)
Where money is deposited in bank ON general
account, no trust or bailment is thereby created,
but only the relation of debtor and creditor, and
the deposition cannot claim the specific money
deposited nor assert any preferred lien therefor
against the assets fsuch bank. Morse Banks,
I'd ed. %; Edwards Bialments, I'd ed, sec. Al;
127 Mass, 298)
If a draft is Endorsed in blank and deposited in
bank, and is afterward, by the bank, sold,
pledged, or applied in payment Of its debt due
to a creditor, the depositor cannot thereafter re
cover such draft. (Dunlap's Paley's Agency,
4th Amer. ed, 233; Story Agency, Sth ed, see
22S)
When draft has been deposited in a bank by
one Of its customers the presumption, in the alb
sence of evidence to the contrary is that it was
not the intention to transfer the ownership of it
to the bank, but only to deposit it for collection,
with the implied understanding that when col
lected the proceeds should be treated as having
been deposited at the date of his deposit of the
draft. And the weight of authority seems to be
that this presumption is not overcome by the
fact that the bank credited the amount of his
draft so much cash, nor by the fact that inter
est was allowed on it. Where this presumption
has not been overcome, the bank is not bound
as upon an absolute purchase, for the credit
given Morse Banks, I'd ed, 427; | Dan Neg
Inst 3D. ed. sec 80; id, secs. ], 622, ], 1923; 81
Cal, 65; IS Alb. L. j., 252 And the depositor
remains the owner of the draft until it has
been collected or passed into The hands
of bona fde holder. 10 East -; 2 Barn. & Co.,
422; 2 De: Gex & Jones, 1884, Is 4th ed. Rep, 60;
Dunlaps Paley,s Agency, 4th Am. cd, 81;
Story Agency, Sth ed, sec 22S, note 4, VrOom,
592; "a N. J. Eq 367; so n Y, $50, distin-
guished.) But where such draft is not merely
credited as cash, but is deposited and credited,
with the understanding both by the bank and by
the depositor that it is to be treated the same as
a deposit Of money and not as deposit for col
lection then the bank becomes the owner and
must bear the loss if the draft proves worthless,
and the dep0sitor loses his right to claim the
draft if the bank becomes insOlvent.
SPECIAL TERN RULINGS.
Room No l-tIon. Nanoleon 4. F.vlor. Ir1gs.
q. B. Hutchinson VS.. John Jennings ct al.
Decree of foreclosure for $345.57
Room No. s-Hon. Lewis c. Walker. Judge.
George w. Huston VS.. p, G. & St H. Rail
road Company; suit contract Judgment for
$l5, 900. ID