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1

JUDICIAL AND STATUTORY DEFINITIONS

OF

WORDS AND PHRASES.

VOLUME 3.

DEPOSITOR.

“Depositorg" in a bank, in the usual

meaning of the word, are those who put See "General Depositor."

their money on deposit in the usual course

of business. Those who deposit it under Gen. St. 1876, c. 96, declaring that any special agreement or contract are but credperson or “depositor" of wbeat in an ele- litors of the bank under their contracts. In vator shall be treated as having made a re Brandywine Bank's Estate, 1 Ches. Co. bailment of the wheat and not a sale, should Rep. 431, 432. not be limited to persons making an actual physical deposit of the grain, but, inasmuch

The term "depositors," as used in Act as the issuing of warehouse receipts by a 1862, $ 10, providing that the capital stock warehouseman for his own grain actually in of savings banks shall be a security to destore transfers the title and legal possession positors who are not stockholders, was into the holder of the receipts and makes the tended to include deposits for which certifiwarehouseman the holder's bailee, the word cates of deposit had been issued, as well as "depositor" must be construed to include all those made upon open account and subject persons actually holding grain in store, to check. Murphy v. Pacific Bank, 62 Pac. whether deposited by themselves, or by oth- 1059, 1061, 130 Cal. 542. ers to whose rights they have succeeded. Originally a “deposit” was a thing de National Exch. Bank v. Wilder, 24 N. W. livered for gratuitous safe-keeping, and it 699, 701, 34 Minn. 149.

remained the property of the owner, but it

is now used to designate a certain kind of A "voluntary deposit" is made by one loan, for money deposited in the ordinary giving to another, with his consent, the pos-way becomes the property of the bank or session of personal property to keep for the banker, and the deposit is a debt. Such benefit of the former or of a third party. loans always imply that the money on deThe person giving is called the “depositor,"posit is lying in the bank on hand ready to and the person receiving the “depositary.” meet the demand of the owner, and that it is Rev. Codes N. D. 1899, $ 4001; Civ. Code S. kept there for convenience, and hence a D. 1903, § 1353; Rev. St. Okl. 1903, § 2825.

bank which has made another bank the

creditor on which it may draw is not a "deIn a bank.

positor." State Sav. Bank v. Foster, 76 N. A “depositor" is one who pays money W. 499, 500, 118 Mich. 268, 42 L. R. A. 404. into a bank to be placed to his credit and to be subject to his check. Commonwealth the general funds of a bank to an ascertained

One whose money is intermingled with V. Sponsler, 16 Pa. Co. Ct. R. 116, 119.

amount, who is acknowledged by the bank A “bank depositor" is one who delivers to be a creditor to that amount, who is unto, or leaves with a bank, money subject to der no obligation to permit the money to rehis order. Anheuser-Busch Brewing Ass'n main there, is a “depositor.” Catlin v. Sav. v. Clayton (U. S.) 56 Fed. 759, 761, 6 C. c. ings Bank, 7 Conn. 487, 492. A. 108.

DEPOSITORY. A "depositor" is a beneficiary of a fund held by the bank as trustee. Kimball V. Depositories are not public officers or Norton, 59 N. H. 1, 6, 47 Am. Rep. 171. the United States, but are instruments or 3 WDB. & P.-1

(2003)

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agencies to keep the public funds. They receive merchandise, deposit it, and keep it
are agencies sui generis and sui juris. ready for transportation or delivery. Ma-
Banks which have been made the deposi- ghee v. Camden & A. R. Transp. Co., 45 N.
tories of money received from the treasurer Y. 514, 520.
or collector of taxes in the districts fixed by
law for collectors to pay immediately to

As applied to railroads, a “depot" is a them are not regarded as "public officers" place where passengers are received and de of the state, in the sense of that term as posited, and where freight is deposited for

Maghee v. Camden & A. R.

delivery. used in Code, 88 148–171. A bank can hardly be called an officer. It cannot well Haven & N. Co., 37 Conn. 153, 163 (cited and

Transp. Co., 45 N. Y. 514, 520; State v. New be tried for misdemeanor, and be punished under section 156 of the Code, and the end approved in Plunkett v. Minneapolis, s. S. tire chapter appears to be dealing with in- M. & A. R. Co., 48 N. W. 519, 79 Wis. 222;

Fowler v. Farmers' Loan & Trust Co., 21 Wis. dividuals, not banks. Colquitt v. Simpson, 72 Ga. 501, 510.

77, 79).

The term “depot" may be properly ap

plied to a building erected alongside a railDEPOSITUM.

road track within which there was a teleDepositum "is a bare naked ballment of graph office with telegraphic instruments goods delivered by one man to another to and a ticket office, which building was ockeep for the use of the bailor.” Per Holt, cupied by the company's station men and C. J., in Coggs v. Bernard, 2 Ld. Raym. 909, agent, who operated the telegraph, sold tick912.

ets for the company to passengers, operated

the switch and water tank, and handled Depositum "Is the term used in the civil freight and baggage, there being a platform and common law to designate a naked bail- between the building and the railroad track ment without reward and without any spe- at which trains stopped and received and cial undertaking.” Foster v. Essex Bank, discharged passengers and freight, though 17 Mass. 479, 498, 9 Am. Dec. 168.

the accommodations were quite limited. PeA "depositum" is a naked bailment of ters v. Stewart, 39 N. W. 380, 381, 72 Wis.

133. goods, to be kept for the bailor without reward, and to be returned when he shall re One definition of “depot" is a "railroad quire it. It is a contract by which one of station." The term, as used in the statute the contracting parties gives a thing to an- directing railroads receiving goods for transother to keep, who is to do so gratuitously, portation into their warehouses or depots to and obliges himself to return it when he forward them in the order in which they shall be requested. Johnson V. Reynolds, 3 are received, and making them liable for Kan. 257, 261.

losses occasioned by a failure to do so, em

braces the entire station of the railroad, so DEPOT.

that a railroad must forward property re

ceived for shipment in the order in which See, also, “Station."

it is received, though merely received on a

platform used for handling that kind of “Webster defines 'depoť to be a place of property. Hill & Morris v. St. Louis Southdeposit for storing goods; a warehouse; a western R. Co. of Texas (Tex.) 75 S. W. 874, storehouse. Worcester defines it as 'a place 876. where any kind of goods is deposited; a storehouse; a warehouse.'' State V. Ed

Within the act of Connecticut of 1806 wards, 19 S. W. 91, 92, 109 Mo. 315.

providing that no railroad shall abandon any

depot or station on its road, after the same A bill of lading exempting the carrier has been established for 12 months, except from liability for loss or damage by fire or by the approval of the railroad commissionthe elements "while at depots," only refers ers, a “depot” is a station at which trains to depots at which the cars may be stopped stop, not merely for wood and water, but for while in transit, and before the freight the transaction of the ordinary business of reaches its destination. E. O. Stanard Mill- ! receiving and delivering freight and passening Co. v. Whitelime Central Transit Co., 26

gers. State v. New Haven & N. Co., 37 Conn. S. W. 704, 708, 122 Mo. 258.

153, 163. As building or warehouse.

A “depot" is a railway station-the See “Building (In Criminal Law)"; "In building for the accommodation and protec Depot”; “Warehouse.”

tion of railway passengers or freight. This

is the only meaning of the word as applied As freight or passenger station.

to a railroad, so that Gen. St. c. 94, art. 1, $ See "Freight Depot"; "Regular Depot.”

45, giving to the owner of a coal bank with

in three miles of any railroad the right to "Depot" is generally understood to be establish a road to the most convenient and the place where a carrier is accustomed to suitable depot on such railroad, gives no

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