Brahm v. Adkins

Citations

• 77 Ill. 263

Syllabus

<p>1. Barker—evidence of deposit. A paper headed with the names of bankers, showing that a party has made a deposit with them, and the amount thereof, and signed by the bankers, is prima facie evidence, against the bankers, of a general deposit.</p> <p>2. Same—not liable for deposit without previous demand. In case of a general deposit of money with a banker, a previous demand by the depositor, or some other person by his order, is indispensable to the maintenance of an action for such deposit, unless circumstances are shown which amount to a legal excuse.</p> <p>3. Deposit. A deposit is general unless the depositor makes it special, or it is made expressly in some particular capacity. On such a deposit there will be an implied promise on the part of the bank receiving it to restore, not the same funds, but an equivalent sum, when demanded.</p>