129 Ga. 582 | Ga. | 1907
Kockmore & Oo., alleged to be a firm composed . of Kockmore and his wife, sued the Bank of Lawrenceville -for an alleged balance due them on a deposit account, and recovered a
A depositor sometimes deposits in his own name or in a trade name employed by him in business (such as A. & Co.), or in his name as agent or trustee. If this is done bona fide, it does not constitute fraud as matter of law. It may be done in good faith for the purpose of keeping separate accounts, as where a man is conducting two kinds of business, or where he has trust funds and also individual funds. But if one colludes with a bank to cover up his funds by making a deposit in a fictitious name, and this is done to delay and defraud his creditors and to prevent them from discovering and subjecting to his debts the deposits so made, this would constitute a fraud. A bank is not generally required to investigate the causes which may. lead to deposits in the name of a firm or of one as agent or trustee, or the like. But it can not properly collude with a depositor for the purpose of misleading creditors and covering up his funds under a fictitious name so as to prevent their being subjected to garnishment. But we do not understand that the bank is urging such a position as its defense; and we make no ruling on such theory.
The first ground of the amended motion complained of the ■striking of the sixth paragraph of the answer. This is not referred to in the brief of counsel for plaintiff in error, and is therefore not dealt with.
As the case will be returned for a new trial, we express no opinion upon the evidence; nor do we deem it necessary to discuss collateral questions touching the status, rights, and duties between banks and depositors, which are not made before us.
Judgment reversed.