CASE, STATED, practice. An agreement in writing, between a plaintiff and defendant2, that the facts in dispute between them are as there agreed upon and mentioned, 3 Whart. 143.
2. The facts being thus ascertained3, it is left for the court to decide for which party is the law. As no writ1 of error lies on a judgment5 rendered on a case stated, Dane's Ab. c. 137, art. 4, n. 7, it is usual in the agreement to insert a clause that the case stated shall be considered in the nature of special verdict.
3. In that case, a writ of error lies on the judgment which may be rendered upon it. And a writ of error will also lie on a judgment on a case stated, when the parties have agreed to it. 8 Serg. Rawle, 529.
4. In another sense, by a case stated is understood a statement of all the facts of a case, together with the names of the witnesses, and, a detail of the documents which are to support them. In other words, it is a brief.
CASH, commerce. Money on hand, which a merchant, trader or other person has to do business with.
2. Cash price, in contracts, is the price of articles paid for in cash, in contradistinction to the credit price. Pard. n. 85; Chipm. Contr. 110. In common parlance6, bank notes are considered as cash; but bills receivable are not.
CASH-BOOK, Commerce, accounts. One in which a merchant or trader enters an account of all the money, or paper moneys he receives or pays. An entry of the same thing ought to be made under the proper dates, in the journal. The object of the cash-book is to afford a constant facility to ascertain4 the true state of a man's cash. Pard. n. 87.
CASHIER. An officer of a moneyed institution, who is entitled by virtue7 of his office to take care of the cash or money of such institution.
2. The cashier of a bank is usually entrusted8 with all the funds of the bank, its notes, bills, and other choses in action, to be used from time to time for the ordinary and extraordinary exigencies9 of the bank. He usually receives directly, or tbrough subordinate officers, all moneys and notes of the bankdelivers up all discounted notes and other securities, when they have been paid draws checks to withdraw the funds of the bank where they have been deposited; and, as the executive officer of the bank, transacts10 much of the business of the institution. In general, the bank is bound by the acts of the cashier within the scope of his authority, expressed or implied. 1 Pet. R. 46, 70Wheat. R. 300, 361 5 Wheat. R. 326; 3 Mason's R. 505; 1 Breese, R. 45; 1 Monr. Rep. 179. But the bank is not bound by a declaration of the cashier, not within the scope of his authority; as when a note is about to be discountedby the bank, he tells a person that he will incur11 no risk nor responsibility by becoming an indorser upon such note. 6 Pet. R. 51; 8 Pet. R. 12.Vide 17 Mass. R. 1 Story on Ag. 114, 115; 3 Halst. R. 1; 12 Wheat. R. 183; 1 Watts12 Serg. 161.
