Daughtry v. International Bank of Commerce

Citations

• 18 N.M. 119
• 134 P. 220

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Where a person, as soon as he learned of an unauthorized deposit of his funds in a bank, drew drafts on the same in order to immediately withdraw them, he will not be held to have ratified the deposit in the absence of proof of his assent to the deposit.</p> <p>P. 126</p> <p>2. When trust funds have been commingled with the general funds of a bank, before a trust upon such, general funds can be imposed, as against creditors of the bank, it must appear that the trust fund in some form still exists and came into the hands of the receiver of the insolvent bank.</p> <p>P. 127</p>