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PETITION OF KEYSER

No. 4211.

98 N.H. 198 (1953)

PETITION OF LEON KEYSER, INC.

Supreme Court of New Hampshire.

May 5, 1953.

Attorney(s) appearing for the Case

Wyman, Starr, Booth, Wadleigh & Langdell (Mr. Booth orally), for the receiver.

Warren, Wilson, Wiggin & Sundeen and Bartram C. Branch (Mr. Branch orally), for the bank.

GOODNOW, J.

It has long been recognized that in the absence of special circumstances, the relationship between a depositor and a national bank in which he has a checking account is one of creditor and debtor. State v. National Banks, 75 N.H. 27, 29. The sums on deposit are payable by the bank on order of the depositor and on demand. The issue presented by this case is whether a creditor (the bank) holding an unmatured claim against an insolvent (the...

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