Security Bank & Trust Co. v. Hibernia Bank & Trust Co.

Citations

• 13 Tiess. 423

Syllabus

<p>Syllabus.</p> <p>On Motion To Dismiss.</p> <p>1. It is not necessary that, the motion and order of appeal state the character of the appeal. That is fixed by law according to the time within which the appeal is taken, and the nature and amount of the bond given.</p> <p>2. The law does not require a party appealing to recite in his petition or motion that. the judgment is erroneous It is sufficient that he intends to appeal and gives notice of his intention to do so.</p> <p>Syllabus.</p> <p>On The Merits.</p> <p>A bank receiving on deposit for collection plaintiff’s own check on a non-resident bank is not liable for failure to protest the check for non-payment and to give immediate notice thereof to the plaintiff, when it did give notice of non-payment to the plaintiff in time for it to have used the same steps it might have taken against the drawee bank had earlier notice been given, and no damages is shown by the delay in giving notice.</p>