Stephens v. Chehalis National Bank
Stephens v. Chehalis National Bank
Opinion of the Court
Action to recover damages for failure to honor a check, the appeal being taken from a judgment en
It cannot be disputed but that the deposit in the bank was a specific one, and that the bank was instructed to honor checks only for the purposes indicated in the specific deposit. This was the understanding of all parties. If appellants accepted the deposit, they must accept the conditions under which it was made. It is admitted that the check which the bank refused to honor was not drawn in payment of any bills against the building, but that its purpose was to change the account to another bank in order that appellants might carry the fund as a general deposit. Under these circumstances, the respondent bank was justified in refusing to honor the check, and we can see no ground upon which appellants can base a cause of action because of such refusal.
No special reference to the errors alleged is necessary. The judgment is affirmed.
Crow, C. J., Fullerton, Parker, and Mount, JJ., concur.
Reference
- Full Case Name
- T. A. Stephens v. Chehalis National Bank
- Cited By
- 3 cases
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- Published
- Syllabus
- Banks and Banking—Deposits—Special Deposits—Condition— Liability. Where a loan was negotiated with the understanding that the money, when deposited in the bank, was to be used only in payment of specified bills of the mortgagor and of bills against the building on the mortgaged premises, and the bank notified the mortgagor of the special features of the deposit, which was acquiesced in after some dissent, the deposit was a special one and the bank was Justified in refusing to honor checks not drawn in payment of bills against the building.