Jourdan v. Bennett

Citations

• 119 Miss. 576
• 81 So. 239

Syllabus

<p>1. Banks And Banking. Issuance of cashier’s cheeks. Effect.</p> <p>Where a general depositor of a bank obtained cashier’s checks from the bank to the amount of his deposits in the bank, this did not change the relation of debtor and creditor and make the transaction a special deposit.</p> <p>2. Assignment. Bill of exchange. Effect of.</p> <p>Where a bank gave a depositor bills of exchange on a bank in another city not drawn on any particular fund in the hands, of the drawee, bank, but drawn generally on such bank such transaction constituted no legal or equitable assignment of this fund to the depositor.</p> <p>3. Banks And Banking. Special deposits. Title to.</p> <p>In the case of special deposit, the title to the property never changes; the depositor is a bailor and not a creditor of the bank.</p> <p>4. Banks And Banking. Receivership. Preference claim. Bounty funds. Under Code 1906, section 3485 (Hemingway’s Code, section 2823)</p> <p>a county claim for deposits in a bank at the time of the bank’s failure is superior to that of a depositor to whom the bank had issued bills of exchange on a bank in another city. In such case the depositor had no preference claim.</p>