Dingley v. McDonald

Citations

• 124 Cal. 90
• 56 P. 790
• 1899 Cal. LEXIS 946

Syllabus

<p>Insolvent Bank—Deposit—Check for Dishonored Drafts—Payment. The amount oí a deposit in a hank which became insolvent, was not diminished by the amount oí checks drawn, for drafts which were dishonored, and returned to the bank, and for the amount of which the bank gave credit to the depositor. The drafts did not operate as payment of the checks, in the absence of an express agreement that they should so operate; and there was no payment of the checks which could withdraw the deposit.</p> <p>Id.—Action against SiockHOLDERS—Evidence—Statement of Account. In an action against the stockholders of the bank to recover their respective shares of the deposit, where the amount of the deposit was proved independently of a statement of account signed by the manager of the bank, which statement was merely the restatement of what the bank-book showed after the credit therein of the amount of the checks given for the dishonored drafts, and after surrender of the bank-book to the bank, and where the bank-book was offered in evidence by both parties, such statement of account is admissible in evidence to rebut the presumption arising from the apparent reduction of the account by the amount of the checks prior to the subsequent credit thereof.</p> <p>Id.—Estoppel of Defendants.—The defendants,having offered the bankbook in evidence, which contained the same statement of account when surrendered as that given in the restatement of accounts by the manager, cannot object to the competency of the restatement.</p> <p>In.—Declaration of Manager after Insolvency—Control of Directors.-—The declaration of the manager of the bank after its insolvency, showing the state of the accounts, while the bank was still under the control of its directors, which did not purport to he the creation of a new indebtedness, but purported t.o be the statement of the old account, is as' potent to exhibit the true state of the account, after the protest and surrender of the drafts, as was tlje book before th