McKnight v. Bank of Acadia

Citations

• 114 La. 289
• 38 So. 172
• 1905 La. LEXIS 455

Syllabus

<p>BANKS — REFUSAL TO PAY CHECKS — DAMAGES— SUIT FOE DEPOSIT — MATERIALMAN’S CLAIM.</p> <p>1. An indebtedness of a bank to a contractor, being a balance due on a building contract retained by the bank pending the settlement of certain claims for materials furnished, does not, on becoming exigible by the contractor, con-' stitute money or funds in the hands of the bank, subject to be checked out as in ordinary cases of bank deposits. Hence the nonpayment of the contractor’s checks by the bank in such a case does not furnish a legal basis for a claim for damages to the drawer’s credit.</p> <p>2. A suit for a balance of deposits as per passbook will be maintained where there is no plea of want of amicable demand, accompanied by a tender of the balance due.</p> <p>3. The recordation of the claim of a materialman in the mortgage book is without legal efficacy as to the owner, when the right of action, if any, against him, has been barred by the statutory prescription of 90 days. Act No. 180, p. 223, of 1894.</p> <p>(Syllabus by the Court.)</p>