Myers v. Exchange National Bank

Citations

• 96 Wash. 244
• 164 P. 951
• 1917 Wash. LEXIS 577

Syllabus

<p>Courts — Federal Question — National Bank Act. The interpretation of the national bank act presents a Federal question.</p> <p>Banks — National Banks — Powers—Liability Imposed by State Laws. The national bank act constitutes the measure of authority of national banks, which have only such powers as are specifically granted or are incidental to carrying on the business of banking; and the state cannot impose any liability by adding any powers to those granted or fairly implied in the Federal act.</p> <p>Banks — National Banks — Special Deposits — Receipt of Wills foe Safe-keeping. 5 Fed. Stat. Ann. § 5136, subd. 7, of the national bank act, authorizing national banks to carry on “the business of banking ... by receiving deposits . . .” etc., and § 5228, authorizing them in certain contingencies, “to deliver special deposits” must be construed together, and mean that the deposits must be such as are fairly embraced within the “business of banking.”</p> <p>Same. The receipt of a will for safe-keeping by a national bank is not the receiving of “a special deposit” fairly embraced within the meaning of the national bank act which impliedly authorizes national banks to receive special deposits.</p> <p>Customs and Usages — Violation of Law. No rights can spring from the custom of national banks to receive wills for safe-keeping in violation of the powers granted by the national bank act.</p> <p>Wills — Custody—Liability fob Failure to Deliver — National Banks. A letter from a national bank acknowledging receipt of a will sent for safe-keeping and delivery upon the death of the sender, stating that the will had been filed for safe-keeping, and the failure of the bank to deliver the will according to directions, creates no liability ex contractu or ex delicto.</p> <p>Limitation of Actions — Action on Penalty — Wills—Custody—■ Failure to Deliver — Statutes. A right of action under Rem. Code, §§ 1289 and 1292, for damages against any person having custody of a will, for fai