Main Street Savings Bank & Trust Co. v. Hinton

California Supreme Court

Main Street Savings Bank & Trust Co. v. Hinton

32 P. 6, 3 Cal. Unrep. 757, 1893 Cal. LEXIS 1080

CourtCalifornia Supreme Court

DecidedJanuary 18, 1893

DocketNo. 14,878

StatusPublished

This text of 32 P. 6 (Main Street Savings Bank & Trust Co. v. Hinton) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Main Street Savings Bank & Trust Co. v. Hinton, 32 P. 6, 3 Cal. Unrep. 757, 1893 Cal. LEXIS 1080 (Cal. 1893).

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Opinion

HAYNES, C.

This action was brought by appellant to recover from the defendant the sum of $1,075.59, the tax assessed and collected by seizure upon its solvent and unsecured credits. A demurrer was interposed to the complaint, which was sustained, and judgment rendered thereon for defendant, and plaintiff appeals. This cause is submitted upon the briefs filed in Security etc. Trust Co. v. Hinton, the same defendant, 97 Cal. 214, 32 Pac. 3 (No. 14,877, this day filed), and involves the same questions, and an additional one, which we shall briefly notice. It is claimed in this case that appellant does a general banking business, as well as that of a savings bank. We do not see that this fact materially affects any question decided in 14,877, or the correctness of the judgment rendered in this case by the superior court. So far as its general banking business is concerned, appellant is subject to the same law, as regards taxation, as other banks not doing a savings bank’s business; and, as to that part of its business done as a savings bank, it is subject to the same law that applies to other savings banks. There should be no difficulty in separating its ordinary deposits from its savings deposits, though none is found in its statement to the assessor, or in the complaint in this action. In paragraph 20 of the complaint, it is alleged that the unsecured debts due from appellant to bona fide residents of this state were debts “due depositors for sums borrowed from them upon interest”; and, that being true, no distinction can be made between this case and that of the Security Savings Bank (No. 14,877), and the judgment sheuld therefore be affirmed.

We concur: Belcher, C.; Foote, G.

PER CURIAM.

For the reasons given in the foregoing opinion the judgment is affirmed.

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HAYNES, C.

This action was brought by appellant to recover from the defendant the sum of $1,075.59, the tax assessed and collected by seizure upon its solvent and unsecured credits. A demurrer was interposed to the complaint, which was sustained, and judgment rendered thereon for defendant, and plaintiff appeals. This cause is submitted upon the briefs filed in Security etc. Trust Co. v. Hinton, the same defendant, 97 Cal. 214, 32 Pac. 3 (No. 14,877, this day filed), and involves the same questions, and an additional one, which we shall briefly notice. It is claimed in this case that appellant does a general banking business, as well as that of a savings bank. We do not see that this fact materially affects any question decided in 14,877, or the correctness of the judgment rendered in this case by the superior court. So far as its general banking business is concerned, appellant is subject to the same law, as regards taxation, as other banks not doing a savings bank’s business; and, as to that part of its business done as a savings bank, it is subject to the same law that applies to other savings banks. There should be no difficulty in separating its ordinary deposits from its savings deposits, though none is found in its statement to the assessor, or in the complaint in this action. In paragraph 20 of the complaint, it is alleged that the unsecured debts due from appellant to bona fide residents of this state were debts “due depositors for sums borrowed from them upon interest”; and, that being true, no distinction can be made between this case and that of the Security Savings Bank (No. 14,877), and the judgment sheuld therefore be affirmed.

We concur: Belcher, C.; Foote, G.

PER CURIAM.

For the reasons given in the foregoing opinion the judgment is affirmed.

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32 P. 6, 3 Cal. Unrep. 757, 1893 Cal. LEXIS 1080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/main-street-savings-bank-trust-co-v-hinton-cal-1893.

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