 | Samuel Comyn - Contracts - 1824 - 680 pages
...distinct insulated debts, between which a plain line of separation could be drawn. But this is tin- case of a banking account, where all the sums paid...of the 5001. paid in on Tuesday. There is a fund of 1000/. to draw upon, and that is enough. In such a case there is no room for any other appropriation... | |
 | Law reports, digests, etc - 1880 - 1042 pages
...v. Deffell. The character of a banking account, where, to use the words of Sir W. Grant himself, " all the sums paid in form one blended fund, the parts of which have no longer any distinct existence," was the key-note of his decision, and would have been scarcely necessary to be dwelt upon so prominently... | |
 | Law reports, digests, etc - 1897 - 518 pages
...insulated debts, between which a plain line of separation could be drawn. But this is the «•use of a banking account, where all the sums paid in form one blended fund, the parts of whicli have no longer any distinct existence. Neither banker nor customer ever thinks of saying, this... | |
 | Scotland. Court of Session - Law reports, digests, etc - 1839 - 1332 pages
...In a ' banking account,' to use the words of Sir William Grant, in deciding the case of Devaynes, ' where all the sums paid in form one ' blended fund, the parts of which have no longer any distinct exis' tence, there is no room for any other appropriation than that which ' arises from the order in... | |
 | John Collyer - Partnership - 1840 - 1016 pages
...In Clayton's case, which is the foundation of all the modern decisions on this subject, he says — "This is the case of a banking account, where all...parts of which have no longer any distinct existence. There is no room for any other appropriation, than that which arises from the order in which the receipts... | |
 | Great Britain. Court of King's Bench, Henry Davison, Herman Merivale - Law reports, digests, etc - 1844 - 854 pages
...account, and that an ordinary banking account, in which, according to the language of Sir /('. Grant, " all the sums paid in form one blended fund, the parts of which have no longer any separate existence," and that " it is the first item of the debit side of the account that is discharged... | |
 | International law - 1845 - 532 pages
...antiquiorem." 1 In the same case, then before him, his Honour decided, that, in a banking account, all the sums paid in form one blended fund, the parts of which have no longer any distinct existence ; and that, presumably, it is the first sum paid in that is first drawn out, the first item on the... | |
 | International law - 1845 - 542 pages
...antiquiorem." 1 In the same case, then before him, his Honour decided, that, in a banking account, all the sums paid in form one blended fund, the parts of which have no longer any distinct existence; and that, presumably, it is the first sum paid in that is first drawn out, the first item on the debit-side... | |
 | William Burge - Bail - 1847 - 626 pages
...between which a plain line of separation could be drawn, he lays down the rule where the case is that of a banking account, where all the sums paid in form...saying, this draft is to be placed to the account of (g) Goddard v. Cox, 2 Str. 1194. Wilkinson t>. Sterne, 9 Mod. 427. Newmarsh v. Clay, 14 East, 239.... | |
 | Patrick Shaw - Contracts - 1847 - 358 pages
...deciding between these conflicting rules, he held that this case was distinguishable from both, — as a banking account, where all the sums paid in form...one blended fund, the parts of which have no longer cover^1) But, 4. This is to be received under the equitable limitation, that the debtor shall not,... | |
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But this is the case of a banking account, where all the sums paid in form one blended fund, the parts of which have no longer any distinct existence. Neither banker nor customer ever thinks of saying, this draft is to be placed to the account of the... 
