McLennan v. Bank of California

Citations

• 87 Cal. 569
• 25 P. 760
• 1891 Cal. LEXIS 1026

Syllabus

<p>New Trial — Failure to File Decision tn Time — Directory Statute. — Section 632 of the Code of Civil Procedure, requiring the judge of the trial court to file his decision with the clerk within thirty days after the submission of the cause, is directory merely, aud his failure so to do is not ground for a new trial.</p> <p>Banks — Liability for Note Collected — Payment to Cashier. — A bank is not liable to the payee for money collected upon a note left in the hands of its cashier for collection in his individual capacity, and which it has collected at the cashier's private request, and placed to his individual credit, and paid out to him on his checks drawn against his account as a depositor with the bank.</p> <p>In.—Evidence — Books of Bank—Dealings with Customers — Counterclaim. — In an action by the payee of the note to recover the money collected by the bank, the books of the bank showing the original entiles of transactions between itself and its customers are admissible in evidence for the bank, for the purpose of showing an alleged indebtedness of the plaintiff to the hank, set up by way of counterclaim.</p> <p>Id. — Counterclaim Barreo by Limitation. — The fact that the counterclaim of the hank was barred by the statute of limitations does not render the books of the bank inadmissible as evidence to show the original indebtedness of the plaintiff to the bank</p> <p>Id.—Inequitable Demand — Review of Evidence — Declarations of Deceased Cashier—Credibility of Witness. — It appearing from the evidence that the payee of the note had neglected to make any inquiry of the bank respecting its collection, or made any demand for any part of the money collected for six years after the collection, and until after the death of the cashier, when a still larger indebtedness of the payee to the hank had become barred by limitation, and that the relations between the payee of the note and the cashier were of a most friendly, personal character, testimony of the pay e that