Is a loan or a loan?

Alberta, Canada


The following excerpt is from Bank of Nova Scotia v. Royal Bank of Canada, 1974 CanLII 287 (AB QB):

Lyndhurst L.C. held in Foley v. Hill (1844), 1 Ph. 399, 41 E.R. 683 at 685, that money advanced by a customer to a banker is a loan and constitutes a debt. I think it is clear that money on deposit in a current account constitutes a debt owing from the bank to the customer and in this case is a debt which after the date of the assignment, accrued due to the customer, in this case the plaintiff bank. It is my view that notice of the assignment was properly served upon the defendant and that the assignment attaches the money which was on deposit to the credit of the company in the defendant in November 1970.

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