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From Ward County
First International Bank of Minot, North Dakota, a corporation, plaintiff and appellant, vs. Amos Brehmer, defendant and respondent, and First International Bank of Minot, North Dakota, a corporation, garnishee and appellant.
Syllabus:
1. A bank cannot, under chapter 139 of the 1923 session laws, charge against a deposit a debt due it from the depositor, or appropriate the deposit for the purpose of paying the debt without "legal process" or "the consent of the depositor."
2. The plaintiff in an action cannot, under the garnishment statutes of this state, summon or charge himself as a garnishee therein.
Appeal from district court of Ward county, Hon. Geo. H. Moellring, judge.
Action on promissory note. Plaintiff garnisheed itself. Defense discharge in bankruptcy and that plaintiff cannot garnishee itself. Plaintiff appeals from judgments dismissing actions.
Affirmed.
Opinion of the court by Englert, district judge.
Burr, judge, being disqualified, did not participate.
Paul Campbell, Minot, attorney for plaintiff and appellant, garnishee and appellant.
Halvor L. Halvorson, Minot, attorney for defendant and respondent.
From Williams County
L. R. Baird, as receiver of Williams County State Bank, a corporation, plaintiff and respondent, vs. First National Bank of Williston, a corporation, defendant and appellant.
Syllabus:
1. Section 7218 of the compiled laws of 1913, which provides that a debtor may pay or secure one creditor in preference to another, is held to be a codification of the common law and to be applicable alike to corporations and individuals.
2. Where a corporation is chartered for the purpose of transacting a particular business under strict regulations, and where the right to transact such business is denied to individuals, associations and other corporations, the right of a corporation so chartered, to prefer creditors depends upon the intention of the legislature as disclosed by the charter provisions and the regulations for the conduct of the business.
3. It is held, for reasons stated in the opinion, that the right to prefer creditors is not given to an insolvent banking corporation.
Appeal from the district court of Williams county, Hon. George H. Moellring, judge.
Affirmed.
Opinion of the court by Birdzell, chief justice.
Owens & Nelson, Williston, attorneys for appellant.
Usher L. Burdick, Fargo, attorney for respondent.
From McHenry County
L. R. Baird, as Receiver of the Merchants State Bank, Velva, N. D., a corporation, Respondent.
Carl Hanson vs. Appellant
