68-309. DEPOSIT IN FIDUCIARY’S PERSONAL ACCOUNT. If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary or of the checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and indorsed by him, if he is empowered to indorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligations as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts that its action in receiving the deposit or paying the check amounts to bad faith.
History:
[(68-309) 1925, ch. 217, sec. 9, p. 393; I.C.A., sec. 66-309.]
Structure Idaho Code
Title 68 - TRUSTS AND FIDUCIARIES
Chapter 3 - UNIFORM FIDUCIARIES LAW
Section 68-301 - DEFINITION OF TERMS.
Section 68-302 - APPLICATION OF PAYMENTS MADE TO FIDUCIARIES.
Section 68-304 - TRANSFER OF NEGOTIABLE INSTRUMENT BY FIDUCIARY.
Section 68-305 - CHECK DRAWN BY FIDUCIARY PAYABLE TO THIRD PERSON.
Section 68-306 - CHECK DRAWN BY AND PAYABLE TO FIDUCIARY.
Section 68-307 - DEPOSIT IN NAME OF FIDUCIARY AS SUCH.
Section 68-308 - DEPOSIT IN NAME OF PRINCIPAL.
Section 68-309 - DEPOSIT IN FIDUCIARY’S PERSONAL ACCOUNT.
Section 68-310 - DEPOSIT IN NAMES OF TWO OR MORE TRUSTEES.
Section 68-311 - CHAPTER NOT RETROACTIVE.
Section 68-312 - CASES NOT PROVIDED FOR IN CHAPTER.