Wheeler v. Commercial Bank of Moscow

Citations

• 5 Idaho 15
• 46 P. 830
• 1896 Ida. LEXIS 37

Syllabus

<p>Depositoe — Demand Against a Bank which has Failed Unnecessary. — The failure to allege and prove a demand in an action by a depositor against a bank, which has failed, is not ground for reversal of judgment, where the record shows such demand would have been fruitless and unavailing.</p> <p>Nonpeesentation oe Draft at Drawee Bank — Effect as Defense-to Action. — Plaintiff procured of defendant bank, within a short time of the failure of the bank, two drafts, giving their checks therefor, upon funds deposited by them with the bank. The drafts were not accompanied by the payees therein, but were returned to plaintiffs by due course of mail, not having been presented at drawee bank. Held, that in an action by plaintiffs to recover amount due them from said bank, including amount of said drafts, the failure of plaintiffs or the payee in the draft to present them at the drawee bank for payment, and have them duly protested was not, in the absence of any proof that defendant had been damaged by such remissness, under the statutes of Idaho, a defense to plaintiff’s action.</p> <p>Section 4231 of the Bevised Statutes Construed. — Section 4231 of the Bevised Statutes of Idaho commented upon and applied.</p> <p>(Syllabus by the court.)</p>