A Treatise on the Law of National and State Banks: Including the Clearing House and Trust Companies, with an Appendix Containing the National Bank Act as Amended and Instructions Relative to the Organization of National Banks

Harvey White Magee

M. Bender, 1913 - Banking law - 1039 pages

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Selected pages

Title Page

Table of Contents

Index

References are to pages	xxi

CHAPTER I	1

CHAPTER II	10

CHAPTER IV	23

CHAPTER V	35

Married women as incorporators	36

CHAPTER VI	53

Provisions and form of bylaws	59

Delay in presentment	312

Diligence to bind the endorser	313

Holder of check rights against bank	314

Certified checks	319

Right of holder to look to both the acceptor and the drawer of a certified check	323

A bill of exchange may be accepted orally	325

When mistake in certification may be corrected by a bank	326

Bank can correct mistake when	327

Extent of liability	84

Executors administrators guardians or trustees not per sonally liable	87

Creditor may sue stockholder of State bank corporation	88

CHAPTER VIII	91

Directors of national banks	97

82	99

Number necessary to constitute a quorum	100

Board electing officers of bank	101

Cannot delegate authority to make discounts	102

Cannot delegate statutory duties	103

Powers and limitations	104

Cannot settle with cashier for his deficits	105

Discretionary power	106

Releasing debt	107

Securing preferred creditor	108

Courts declare that directors are trustees	109

Misappropriating bank funds	110

Notice to the board	112

Notice to a director	113

Director must have actual knowledge	118

When director is chargeable with knowledge as against himself	119

Degree of care	122

Acting in good faith	123

Excuses of directors	124

Compensation of directors	127

CHAPTER IX	129

Qualifications necessary to hold office	133

Presidents powers derived from statute	140

Limited and prohibited power of president	141

Representations and admissions effect of	143

President borrowing from bank	145

Presidents compensation	148

CHAPTER X	153

Cashier executive officer of the bank	155

Cashiers inherent powers	157

Cashier has inherent power to certify checks	158

Cashier cannot certify his own check	164

Power to draw checks	166

Power to receive offers for the purchase of bank securities	169

Cashier has charge of personal property	170

Power to endorse negotiable paper	172

Endorsement for accommodation	173

Cashiers powers and duty when run on bank	175

Cashier borrowing money Inherent power	177

Inherent power to collect debts	189

Liability of cashier	190

Cashier responsible for subordinates when	192

Cashier Penalty Liable when	193

Notice to cashier of bank When notice to bank	195

Cashiers declaration and admissions	198

Cashiers acts away from bank	200

CHAPTER XI	203

Tellers duties	210

Tellers torts	215

Receiving teller	216

Limitation of power	225

An act prescribing punishment for mutilating uttering or passing United States coins	227

CHAPTER XII	229

BANK POWERS DEFINED	231

CHAPTER XIV	238

CHAPTER XV	247

CHAPTER XVII	257

CHAPTER XVIII	266

CHAPTER XX	293

Bank may refuse payment of deposit when	297

Payment of trust funds	301

CHAPTER XXI	306

A check must be dated	307

It must be drawn on bank	309

A check must be for the payment of a certain sum of money	310

Days of grace	311

Postdated checks	328

Bank bound to honor checks when	331

Nature and effect of check	335

Revocation of checks	337

Presentment for payment	341

Mistake of bank in payment of check	344

Forged checks bank paying	350

Right of bank against presenter and owner of forged paper	354

Alteration after signing and uttering	356

Equitable and safe rule	361

CHAPTER XXII	363

Overdrawing may be legalized	367

Officer allowing overdraft criminal act when	368

CERTIFICATE OF DEPOSIT	369

CHAPTER XXIV	379

CHAPTER XXV	389

CHAPTER XXVI	418

CHAPTER XXVII	425

CHAPTER XXIX	437

OFFICERS BORROWING FUNDS OF BANK	451

CONDUCTING SAFE DEPOSIT	459

BANKS LENDING CREDIT	466

CHAPTER XXXVIII	477

Law of place governs relation	487

General rule as to title of paper	491

Form of endorsement controls title to collection	493

Blank endorsement	495

Power to collect may be revoked	496

Authority of bank to make collections	498

Bank suing in its own name	504

When bank may renounce its authority to collect	505

Duty of collecting bank Care Diligence	506

29	507

Duty to present Collection	509

Presentment of checks	510

Protest Banks duty	511

Duty of bank to collect interest when	514

When bank liable for fraud or mistakes	517

Liability of initial bank for default of its agents	518

Who are suitable agents	519

Banks employing notaries Conflict of authority as to liability	521

Officers of bank acting as notary	522

Initial banks liability for default of its correspondent Conflict of authorities	525

Review of decisions	543

When correspondent bank liable to initial bank	545

Right of creditors to proceeds of collection	546

Collections completed when	548

Banks liability for negligence in failing to make col lections	549

CHAPTER XXXIX	551

State regulation of business	555

Depositor in mutual savings bank constitutes the bank	557

Depositor has no liability in capitalized savings bank	558

Trust deposit	559

GiftSavings bank deposit in trust	561

When special deposit preferred	562

Bylaws of savings banks	563

Passbooks	572

Savings banks borrowing money	574

Investments	575

Rights of depositors	576

LIENS OF BANKS	579

CHAPTER XLI	589

CHAPTER XLII	596

CHAPTER XLIII	603

CHAPTER XLIV	625

EXTENSION OF CORPORATE EXISTENCE	628

CHAPTER XLVII	666

CHAPTER XLVIII	676

437	1011

Copyright

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Common terms and phrases

action agent amount authority bank's banker banking business banking corporation banking house becomes bills of exchange bind the bank board of directors branch banks business of banking by-laws capital stock cashier certificate of deposit certify checks charter Chemical Nat Commercial Bank Comptroller Conn Constitution contract court says creditors Currency custom debt depositor discount drawer duty enacted fact funds holder incorporation inherent power insolvent Iowa Legislature liability loan Mass Minn N. J. Eq N. Y. Supp National Banking Act national banking association notes notice Ohio St organization certificate owner paid party paying teller payment perform person plaintiff poration president privilege prohibited promissory notes provides purchase question receiving deposits Revised Statutes rule savings bank shareholders stockholder subscriber subscription Supreme Court tion transaction transfer Trust ultra vires United Wend

Bibliographic information

Title	A Treatise on the Law of National and State Banks: Including the Clearing House and Trust Companies, with an Appendix Containing the National Bank Act as Amended and Instructions Relative to the Organization of National Banks A Treatise on the Law of National and State Banks: Including the Clearing House and Trust Companies, with an Appendix Containing the National Bank Act as Amended, and Instructions Relative to the Organization of National Banks, Harvey White Magee
Author	Harvey White Magee
Edition	2
Publisher	M. Bender, 1913
Original from	University of Illinois at Urbana-Champaign
Digitized	5 May 2017
Length	1039 pages

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