Page:Black's Law Dictionary (Second Edition).djvu/125

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BANK

purpose of hearing arguments on demurrers, [mints reserved, motions for new trial, etc., as distingished from the sitting of a single judge at the assises or at nisi prim: and firm Lri-us zit bur. But, in this sense, Dam: is the mom usual form of the word.

2. An institution, or great value in the commercial world, empowered to receive deposits of money, to make loans, and to issue lls promissory notes. (designed to circulate us money, and conimoiih calied “bunk-notes" or "hank-h1lis,") or to perform any one or more of these functions.

The term "bank" is usnally restricted in its application to an iDCOl1)Ol‘t1i.E3l1 body; while a private indjuiiuiii making it his business to conduct banking operations is denominated a "banker." Hobhs v. Bank, 101 Fed. 75, 41 C. C. A. 205: Higgins v. Munday, 15) Wash. "'3 5?. Pac. 855; Rominger v. Keyes, T3 Ind. 3: Ouiton v. Loan soc., 17 Wall. 117. 21 L. Ed. 618; Hamilton Nat. Bank v. American L 8'. T. Co.. Ct‘: Nei). GT, J2 N. W. 190; Wefla, Fargo 8: Co. v. Northern Pac. B. Co. (0. C.) 2.5 Fed. 409.

Also the house or place where such busi- ness is carried on.

B.inks in the commercial sense are of three kinds, tovrit: (1) Of deposit; (2) of dis-

-uuit, (3) of circulation. Strictly speaking,

the term "bank ’ implies a piece for the depusit of money, as that is the most obvious purpose of such an institution. Originally the business of banking consisted only in receiving deposits, such as bulilon, plate, and the lflse, for safekeeping until the depositor should see fit to draw it out for use, but the business. in the progress of events, was extended, and bankers assumed to discount biiis and notes, and to ionn money upon mort- g.i9.-, pawn, or other security, and, at a sun later period. to issue notes of their own, intended as a circulating currency and a medi- um of exchange, instead of gold and silier. .\luc'.ern bankers frequently exercise any two or l'\'eIi all three of those finictions, but it is slit? true that un institution prohibited from eun-ising un_v more than one of those func- ii-oa is :1 bank. in the sirictest commercial sin-re. Ouiton v. Gen.u:in S“lV. 8: L. Soc, 17 Wnii. 118. 21 L. Ed. 618; Rev. fit. U. S. 3 Bill? (U. S. Cnmp. St. 1901. p. 2246).

8. An acclivity; an elevation or mound of r.I'fl1: usuaiiv applied in this sense to the iuiooul mirth bordering the sides or a water- lL’l4‘.FE

— nk-account. A sum of money piaccd ii iii a in-iul: nr luinlser. on deposit, by E. cusii'lNi. mm r.|I:~c( to be drawn out on the int- l~vr'u vi.-r‘. Jill: statement or i-nniputatinu of ab wvrni -u ;s d(=pn.=itPLi mid tiinse di-nun out . entered on the ixmks


as

hunt on denuinLL and duiigned to circulate

navy Tciivnscnd v. People, 4 iii. 3"-3: '- 2'. Park. Cr. R. (N. Y.) 3 .

Ind. 176; State Y. Wilk

117

{{anchor+|.|BANKING

.l55.—Bank-book. A hook kept by a customer of a hank, showing the state of his account with it.—Bank-cheek. See Crinox.—Bank- credits. Accommodations allowed to a person on security given to a bank, to draw money on it to a certain extent agreed upoa.—Bank- note. A promissory note issued by a bank or authorized banker, payable to bearer on demand. and intended to (Lirculate as money. Same as B.\\n:-I:iLL, supru..—Biu:J: of issue. One ‘inthorized by law to issue its own notes intended to circulate as money. Bank v. Gruher, 87 P1. 471. 30 Am. Rep. 37S.—Bn.nk-ltook. Shares in the capital of a bank , shares in the pl'I)IiL'l’ty of a b:ink.—'.Bank teller. See .i.F'i.— Jninbstock banks. in l.u‘ugiish law. Joint- stock t'DlJ_I]'xLDiES for the purpose of honking. They are regulated, according to the date of their incorporation, by charter, or by T Geo. IV. c ; v Vict cc 32, 113; 9 & 10 Vict. c. 4‘) (in Scotland snd Irei:md:) 20 & 21 Vi-‘t. e 4 : and I: 28 Vict. c. 32; "Joint-Stock

Virt. c. 89. . An institution in the nature of I hank, form d or estabiished for the purpose of receiving deposits of money, for the heneflt of the persons depositing, to accumulate the produce of so much thereof as shall not be required by the depositors, their executors or administrators, at compound interest, and to return the whole or any part of such deposit, and the produce there- of. to the depositors, their executors or admin- istrntnis, deducting out of such produce so much as Shail be required for the necessary expenses attending the management of such institution, but deriving no benefit whatever from nnv such deposit or the produce thereof. Grant. Banks, 546: Johnson v. Wzird. 2 Iii. App. 274: Com. V. Reading Sav. Bank. 133 Mass. 11'». 19, 43 Am. Rep. 49 National Bank of Redemption V. Boston, 125 U. S. (30. 8 Sup. Ct. 772, 31 L. Ed. ('39; Barrett v. Bloomfield Snv. Inst., 64 N. J. Eq. 425. 54 At}. 543.

BANKABLE. In merczinthe law. Notes. checks, bank-bills, drafts, and other securities for money, received as cash by the hanks. ered worthy of discount by the hank to which it is offered is termed "hankahle." Allis CO. V. Power Co., 9 S. D. 459, 70 N. W. 650.

{{anchor+|.|BANKER. A private person who keeps a bank; one who is engaged in the business of banking. People v. Dory. 80 N. . 225; Auten v. Biuk. 17-1 U. S. 125, 19 Sup. Ct. 628, 43 L Ed. 920. Richmond v. Blake, 132 l‘. S. 592, 10 Sup. Ct. 204. 33 L. Ed. 18]; Mendowcroft v. People, 163 ill. 56. 45 .\‘. E. 303, 35 L B. A. 176, 54 Am. St. Rep. 447.

{{anchor+|.|BANKEIVS NOTE. A commercial instrument lESE"l1]biiil,'..' a bani:-note in every particular except that it is given by I1 p1'i\'f1te Iianher or unincorporated banking institution.

{{anchor+|.|BANK]-JIt0U'1‘. 0. Eng. Bankrupt; insolvent; indebted beyond the means of pay- ment.

{{anchor+|.|BANKING. The business of receiving money on deposit, loaning money, discounting notes, issuing notes for circulation. collecting money on notes deposited. negotiating hfiis. etc. Bank v. Turner, 154 Ind. 456, 57 N. E. 110. See BANK; Banana.

Such commerciali paper as is consid- H

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