Gunn v. Stock Yards State Bank

Citations

• 97 Kan. 404
• 155 P. 796
• 1916 Kan. LEXIS 311

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Banking — Right to Apply General Deposit on Depositor’s Matured Note. The right of a bank to enforce its lien or off-set against a general deposit and to apply the deposit to the matured indebtedness of-the depositor does not depend upon an express direction or authority of the depositor, where there is no understanding or agreement to the contrary between the depositor and the bank.</p> <p>2. Same. There is ordinarily no distinction between the right of a bank to apply a general deposit to a debt due the bank on an overdue note of the depositor and its right to apply such deposit to his overdraft.</p> <p>3. Same — No Notice of Interest of Third Person in Deposits. On the facts stated in the opinion, it can not be said as a matter of law that a bank which applied a depositor’s account upon an overdue note he owed the bank was charged with notice of an interest of a third person in the fund.</p>