No right of action accrues upon a general deposit until a demand has been made,1 unless on account of circumstances no demand is required.2 Thus, if the contract was illegal whereby the deposit was received,3 or if the bank suspends payment,4 or notifies the

25 If such were the case, due care would not exonerate the bank, if the special deposit should be lost.

1 First Nat. Bank v. Zent, 39 Ohio St. 105; First Nat. Bank v. Graham, 79 Pa. 106; Pattison v. Syracuse Nat. Bank, 80 N. Y. 82; Chattahoo-chie Nat. Bank v. Schley, 58 Ga. 369.

2 Lloyd v. West Branch Bank, 15 Pa. 172. On the construction of the word "deposits" this case is wrong.

3Sykes v. First Nat. Bank, 2 S. Dak. 242.

4 Carlisle First Nat. Bank v. Graham, 100U.S. 699; First Nat. Bank v. Strang, 138 111. 347. Yet even this obvious proposition has been denied. Whitney v. First Nat.

Bank, 50 Vt. 388; First Nat. Bank v. Accam Nat. Bank, 60 N. Y. 278. 5 First Nat. Bank v. Citizens' Bank, Fed. Cas. No. 4802. This decision is probably not sound even on this ground, nor is Lloyd v. West Branch Bank, 15 Pa. 172.

1 Johnson v. Farmers' Bank, 1 Har. 117; Bank of British No. Am. v. Merchants' Nat Bank, 91 N. Y. 106; Brahm v. Adkins, 77 I11. 263; Sickles v. Herold, 149 N. Y. 332.

2 See two last cases cited.

3 White v. Franklin Bank, 22 Pick. 181.

4 Planters' Bank v. Farmers' Bank, 8 Gill & J. 449; Watson v. Phoenix Bank. 8 Met. 217.