A general deposit in a bank, except by agreement, does not draw interest, general deposits being always subject to check.1 A certificate of deposit does not draw interest,2 and no liability is imposed upon the bank to pay interest either upon general deposits or certificates of deposit; but the bank by agreement, either written or verbal, may bind itself to pay interest upon general deposits;3 but it would seem that a certificate of deposit, being a written contract, must on its face determine whether it is to draw interest or not. A verbal agreement, proven as a part of the written document, would fall within the inhibition against parol evidence to add to or contradict the terms of a written document.

4 Riverside Nat. Bank v. First Nat. Bank, 74 Fed. R. 276.

5 Riverside Nat. Bank v. First Nat. Bank, supra; Boylston Nat. Bank v. Richardson, 101 Mass. 287; First Nat. Bank v. Ricker, 71 I11 439; Bank of U. S. v. Bank of Georgia, 10 Wheat 333; Hull v. State Bank, Dud. Law, 259. For other authorities, see Sec. 133, ante, note 8. But a mistaken credit and remittance recovered from the postoffice is not payment Carley v. Potters' Bank, 46 S. W. R.328.

6 Tradesmen's Bank v. Merritt, 1 Paige, 302.

1 Parsons v. Treadwell. 50 N. H. 356; Atlanta Nat Bank v. Burke, 81 Ga. 597; Cohn v. St Louis Ins. Co., 11 Mo. 374 But it is said that a bank is liable for interest on every deposit not subject to check. Parkersburg Nat Bank v. Als, 5 W. Va. 50. But as to deposits in court, see Insurance Co. v. National Bank, 93 Ky. 129, which holds they draw interest. Contra, Haswell v. Mechanics' Bank, 26 Vt 100.

2 See Parsons v. Treadwell, 50 N. H; 356 If the certificates are not paid on maturity, and are interest bearing, they so continue without a demand. Payne v. Clark, 23 Mo. 259; Cordell v. First Nat Bank, 64 Mo. 600.

3 Pelham v. Adams, 17 Barb. 384. See McLochlin v. Bank, 139 N. Y. 514.

Whether a custom would be admissible to charge the bank with interest may be a matter of some doubt, but the better reason would be that it would be admissible. As in the case of other obligations payable upon demand, bank deposits or demand certificates of deposit4 begin to draw interest from the date of the demand,5 or the date when a demand was rendered useless by the suspension of the bank.6 The bringing of suit is a demand,7 and so is the claim of set-off by way of defense or affirmative relief.8 If a bank refuses to pay upon garnishment, it will become liable for interest; this result could be avoided by payment into court.