Peoples National Bank v. Rhoades

Citations

• 28 Del. 65
• 5 Boyce 65
• 90 A. 409
• 1913 Del. LEXIS 5

Syllabus

<p>1. Evidence—Books of Account—Statutory Provisions.</p> <p>Under Rev. Code 1852, amended to 1893, p. 799, c. 107, § 11, making a book of account admissible to charge the defendant for goods sold and delivered and other matters properly chargeable in an account, but providing that cash items are not so chargeable, the books of a bank are admissible to charge the depositor with the items therein shown; the last clause of the statute not applying to such books, since the business of the bank consists almost entirely of such dealings.</p> <p>2. Banks and Banking—Actions—Admissibility of Evidence—Statement of Condition.</p> <p>In an action by a national bank upon an overdraft, the statement made by the bank to the comptroller, subsequent to the time the defendant was notified of the overdraft, which statement showed the amount of the overdrafts due the bank, had some probative force, and was therefore relevant and admissible.</p> <p>3. Evidence—Documentary Evidence—Published Reports.</p> <p>The contents of the statement of the condition of a bank, which is required by law to be published in a newspaper, may be proved by the introduction of a paper containing the report, since every such paper is itself an original, and not a copy.</p> <p>4. Banks and Banking—Deposits—Relation Between Banker and Depositor.</p> <p>A depositor, when he deposits money in a bank, becomes the creditor of the bank, and the bank becomes his debtor. The depositor is entitled to draw orders upon the bank for the payment of money which the bank, if indebted to him in an amount equal to or in excess of that appearing in the order, must pay on presentation.</p> <p>5. Banks and Banking—Overdrafts—Liability of Depositor.</p> <p>When a depositor draws upon a bank in excess of the amount the bank is indebted to him, and the bank honors the order and pays it, such payment is a loan made to the depositor, which the latter impliedly promises to repay.</p> <p>6. Banks and Banking—Overdrafts—Promise to Pay.