Brent's Executors v. Bank of Washington 2 Cranch 517, 2 D.C. 517

Robert Brent’s Executors v. The Bank of Washington.

Upon the death of a stockholder in the Bank of Washington, insolvent, and indebted to the United States, the bank has no right to set off the dividends accruing upon his stock, after his death, against notes upon which he was indorser.

The Bank of Washington has no specific lien upon the dividends of its stockholder, in consequence of its right to prevent a transfer of the stock, until his debt to the bank should be paid.

After the death of a customer of the bank, a notice, left with the person who was authorized by him, in his lifetime, to receive notices for him, does not bind his executors.

Assumpsit, for dividends upon the testator’s bank stock, accruing after his death, he having died insolvent, and largely indebted to the United States. He was also indebted to the bank, as in-dorser of discounted notes. The bank claimed a lien on his stock, under the 11th section of their charter, and a right to set off the dividends against this debt.

One of the notes offered as a set-off became due after his death. His will was proved about a month after the note became payable, but the executors did not obtain letters testamentary until nearly two years afterwards. No notice of non-payment by the maker was ever given to the executors, nor any inquiry made for them; but notice was given to J. H. Reily, with whom the testator had agreed, in his lifetime, that notices for him should be left.