Keene v. Collier, &C.
| Decision Date | 13 December 1858 |
| Parties | Keene vs. Collier, &c. |
| Court | Kentucky Court of Appeals |
APPEAL FROM MADISON CIRCUIT COURT.
SQUIRE TURNER for appellant —
CAPERTON for appellees —
The appellees had purchased hogs from the appellant and other persons residing in Madison county, for the price of which notes had been given payable in ninty days. Shortly before the notes became due, the appellees left with Walker a sum of money sufficient to pay them. Walker, for his own convenience, deposited this money in the private bank of which Walker, Stone & Co. were the proprietors. The appellant applied to Walker for the payment of his own note on the appellees, together with the notes held by two other persons. Walker went with the appellant to the banking house of Walker, Stone & Co., and there drew three several checks in favor of the three holders of the notes, which checks were handed by Walker to the cashier of the bank. In paying the money on these checks, it is claimed that the cashier, by mistake, paid to the appellant on one of the checks seventy dollars more than the sum for which it was drawn. The alleged mistake was discovered about two weeks after the payment; the appellant was immediately called on to refund the seventy dollars so paid him by mistake; but he denied having received that or any other sum over and above what was due upon the notes, and thereupon the cashier of the bank caused this action to be instituted in the names of the appellees, (but without any previous consultation with them,) against the appellant for the $70.
Upon the trial the facts above stated were proved substantially, and a verdict and judgment were rendered against the appellant for the amount claimed, and he has appealed.
The only question to be determined is, whether, upon the facts stated, this action was maintainable by the appellees.
Deposits of money with banking corporations, or with bankers, are either general or special. A special deposit is where the specific money, the very silver or gold coin, or bills deposited, are to be restored, and not an equivalent. A general deposit is said to amount to a mere loan, and the bank is to restore, not the same money, but an equivalent sum, whenever it is demanded. (Story on Bailments, sec 88.)
That the deposit in this case was of the latter class admits of no question, and the legal consequences of the transaction, so far as they affect the rights of the appellees, are...
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