ACT continued. [All references are to Sections.] authorizing conversion of gold banks into currency banks, II. 65. to enable national banks to extend their corporate existence, II. 67. to enable national banks to increase their capital, change their name concerning jurisdiction of national banks, II. 82. concerning reserve and central reserve cities, II. 83. for debt due the bank, cashier may authorize, 159 d. by bank on paper held for collection, 246. on the common money counts by depositor, 289 e. by depositor for balance must be preceded by demand, 289 e. on certificate of deposit, demand must precede (?), 302. on behalf of principal against sub-agents in collection, 250, 251. against drawer of check, previous demand on the drawee necessary, against bank by drawer for refusal to honor check, 458, 459. against bank by true owner of check paid by the bank on forged against bank by holder of uncertified check, analysis, 490. on bank bills, whether demand is necessary, 644, 645. against shareholder to enforce personal liability, 692, 696, II. 52. by shareholder, for his part of surplus, 706. for dividends, 708, 716. against directors for malfeasance, 717. for refusal to make transfer and give certificate of shares, 709, 714. this provision directory, not imperative, II. 156. national bank may bring, in name of its predecessor, II. 144 k. by receiver, II. 50, 150; R. S. 5234. against receiver, II. 150 a. may be instituted against bank, after appointment of receiver, II. 150 a. abatement of, against insolvent bank, II. 150 c. ADDRESS, of check, 36% ADMINISTRATOR, checks drawn by, 438. ADMISSIONS. See DECLARATIONS. ADVERSE CLAIM, analysis, 341. ADVERSE CLAIM. [All references are to Sections.] continued. to deposit, payment in case of, 342. bill of interpleader, 342. call for a change in the law to afford more complete protection to the bank in such predicaments, 342. the true owner may recover from bank, 342. even after a creditor of the depositor has served the bank with but the bank must not take it upon itself to pay a true owner unknown to bank at time of a payment does not affect it, 344. ADVERSE INTEREST, of an officer as affecting contracts with the bank, 99, 125 b, 127 e, 136, of an officer as affecting the question whether notice to the officer is AGENCY, in another State, bank may have, for ordinary business, such as an for deposit, not lawful, 46 e. for issue, redemption, &c. of bills, 46 d, 666. for collection, 267. AGENT, analysis, 79. See OFFICER. checks drawn by, 433. authority of, to draw post-dated check, 389 d. a bank transmitting a deposit acts as, 567 c. effect of the addition "agent," 604. See SIGNATURE. liability for improper selection of, 235, 236. bank may do ordinary business in another State through, 46. bank does not become an, of the United States by deposit of public whether latent or patent, decided by lex fori, 12. APPOINTMENT, of officers, 16. of Comptroller, II. 1 b. of receiver, II. 50, 150 A. of occasional examiners, II. 54. APPRAISEMENT, of bank shares for taxation, II. 141. APPROPRIATION, of deposits, 327 c. [All references are to Sections.] by bank to debt barred by Statute of Limitations, 327 d. of payments made by the bank, first sum drawn applies to first sum deposited, except that depos- ARTICLES OF ASSOCIATION, II. 5, 8. in the nature of charter, 6, n. 1. may provide for lien on stock, except in case of national banks, 698 A. on stockholders for redemption of outstanding notes, &c., II. 74. on shares for taxation. See TAXATION. duty of bank as to, when it holds shares of its own stock as collat- ASSETS, a claim of the bank against an officer for dishonesty, &c. is, in the shareholder's right to surplus, 706. fraudulent increase of, 761. of national bank not liable to taxation, II. 141. distribution of, of insolvent bank, II. 150 c. ASSIGNEE'S checks, payment of, 437. ASSIGNMENT, check as an, analysis, 490. See CHECK, 9. of bank-book with notice to bank holds against subsequent attach- what funds affected, 346; II. 157 a. is good, though served after certification of check still in the must be served before certification, after issue is completed by gives way to previous assignment of bank-book with notice to of proceeds of collection, in the hands of a sub-agent, 346. [All references are to Sections.] ATTACHMENT — continued. equitable right not subject to, by trustee process, 346 A. creditor serving, is in no better position than the debtor, 346 A. gives way to prior unrecorded transfer (?), 710–713. national bank may attach shares of its stock held by its debtor, of national bank property. in State courts, II. 157 a. cannot be issued if bank is insolvent, II. 157 a. receiver may move to set aside, II. 157 a. cannot issue till after final judgment, II. 157 a. in another State, may be issued by State court, II. 157 a. of agent, to draw post-dated checks, 389 d. is presumed in favor of innocent third parties dealing with the See POWER. to begin business, Comptroller's certificate, II. 12 c, 112 c. of cashier, analysis, 151. inherent, 153 et seq. to draw checks on the bank's funds, 154. to certify checks, 155. to buy and sell bills of exchange, 156. to control bank's personalty, and dispose of it, 157. to indorse the bank's negotiable paper, 158. to collect debts due the bank, 159. to discharge a mortgage, 159 a. to indorse notes for collecting, 159 b. to order protest, 159 c. to authorize suit for a debt, 159 d. to borrow money in bank's name, and give security or pledge, 160. to borrow on time, 160 a. to receive deposits, 161. to attend to correspondence of bank, 162. to attend to transfer of shares, 163. to buy government bonds, 164. to decide in regard to bona fide third parties, 171 d. [All references are to Sections.] AUTHORITY- continued. of directors, to authorize cashier to allow discounts, 117. to pledge or assign property of bank, 120. to issue bank bills, 121. to arrange with other banks for collecting, redeeming bills, &c., to remove the president or other officer, 123. exists in them as a board, not as individuals, 124, 132. does not extend to working any organic change, 127. to increase capital, 127. to making contract in which they have an interest adverse to to make profit for themselves by their trust, 125. to giving away the bank's property, 127. to making the bank an accommodation indorser or surety in any case wherein it has no interest, 127. to delegation of discretion in important matters, 116. of president, analysis, 142. to control bank's litigation, 143. to enter a remittitur, 143 d. to give receipt for securities, 144 f. to agree on place of payment, 144 g. to bind the bank by contract, express or implied, 144 a, c, d, m. does not extend, by virtue of his office, to drawing checks against the bank's funds, 144 b. to indorsing bank's paper, 144 j. to control the bank's finances, 144 b. to settle difficulties with creditors, 144 b. or release a claim, 144 c, h. to dispose of or control bank's property, 144 b. to certify his own check, 144 i. to stay execution, 144 c. cases not so sweeping in their denial of presidential authority, 144 k by statute, 144 7. of teller, 174 a. to certify checks, 155 d, 413. B. BAILMENT, liability of bank in cases of. See DEPOSIT. BANK. See also NATIONAL BANK. definition of, 2-5. |