Hanover National Bank v. Suddath, 215 U.S. 110 (1909)
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Hanover National Bank v. Suddath, 215 U.S. 110 (1909)
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Hanover National Bank v. Suddath No. 12 Argued April 20, 1909 Decided November 29, 1909 215 U.S. 110
ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
When a bank refuse to do the particular thing requested with securities delivered to it for that purpose only, it is its duty to return the securities, and no general lien in its favor attaches to them.
The fact that a bank has in its possession securities which were sent to it for a particular purpose and which it is its duty to return to the sender does not justify it retaining them for any other purpose under a banker’s agreement giving it a general lien on all securities deposited by the sender.
A banker’s agreement giving a general lien on securities deposited by its correspondent will not be construed so as to give it a broad meaning beyond its evident scope and in conflict with the precept of duty, good faith, and confidence necessary for commercial transactions; nor will a printed form prepared by the banker be so extended by the construction of any ambiguous language.
In this case, it was held that the retention by a bank of securities for a purpose different from that for which they were sent by its correspondent could not be predicated on the consent of the latter, and that inaction of the correspondent could not be construed as consent.
149 F. 127 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Hanover National Bank v. Suddath, 215 U.S. 110 (1909) in 215 U.S. 110 215 U.S. 112. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=76V6364PYSYC35J.
MLA: U.S. Supreme Court. "Syllabus." Hanover National Bank v. Suddath, 215 U.S. 110 (1909), in 215 U.S. 110, page 215 U.S. 112. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=76V6364PYSYC35J.
Harvard: U.S. Supreme Court, 'Syllabus' in Hanover National Bank v. Suddath, 215 U.S. 110 (1909). cited in 1909, 215 U.S. 110, pp.215 U.S. 112. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=76V6364PYSYC35J.
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