National Gold Bank & Trust Co. v. McDonald

Citations

• 51 Cal. 64

Syllabus

<p>Checks handed a Bank by a Depositor.—When checks on another bank are handed by a depositor to the receiving teller of a bank, and are by the teller credited on the depositor’s pass-book, they are only received for collection, and if not paid on presentation, may be returned and the credit in the pass-book canceled.</p> <p>Idem.—If a customer of a bank hands the receiving teller a check drawn by another person upon the same bank, and at the same time hands him his pass-book, and the teller receives the check and enters a credit for the amount in the pass-book, but no entry is made on the books of the bank, and nothing else is said or done, and the drawer has no funds in the bank, the check may be returned to the depositor and the credit in the pass-book canceled.</p> <p>Idem.-—In such case, a finding by the court that the check was received as a cash deposit is erroneous.</p>