Idaho Statutes
§ 68-308 — DEPOSIT IN NAME OF PRINCIPAL
If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal’s account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
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Legislative History
[(68-308) 1925, ch. 217, sec. 8, p. 393; I.C.A., sec. 66-308.]
Nearby Sections
15
§ 68-10-101
SHORT TITLE§ 68-10-102
DEFINITIONS§ 68-10-103
FIDUCIARY DUTIES — GENERAL PRINCIPLES§ 68-10-104
TRUSTEE’S POWER TO ADJUST§ 68-10-105
NOTICE OF PROPOSED ACTION§ 68-10-201
DETERMINATION AND DISTRIBUTION OF NET INCOME§ 68-10-301
WHEN RIGHT TO INCOME BEGINS AND ENDS§ 68-10-303
APPORTIONMENT WHEN INCOME INTEREST ENDS§ 68-10-401
CHARACTER OF RECEIPTS§ 68-10-402
DISTRIBUTION FROM TRUST OR ESTATE§ 68-10-404
PRINCIPAL RECEIPTS§ 68-10-405
RENTAL PROPERTY