Gifford v. Rutland Savings Bank
Supreme Court of Vermont
General assumpsit for the amount of a deposit. Plea, the general issue with notice of special matter. Heard upon an agreed statement of facts at the September term, 1889, Rutland county, Powers, J., presiding. Judgment pro forma for the defendant. The plaintiff excepts. The defendant was a savings bank located at Rutland having between five and six thousand different depositors.
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General assumpsit for the amount of a deposit. Plea, the general issue with notice of special matter. Heard upon an agreed statement of facts at the September term, 1889, Rutland county, Powers, J., presiding. Judgment pro forma for the defendant. The plaintiff excepts. The defendant was a savings bank located at Rutland having between five and six thousand different depositors. December 2J, 1884, one Rogers sent a check to the defendant for $150, with a letter directing that the amount be credited to Charles L. Gifford, the plaintiff. This was done upon the books •of the company, and a…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
That the bank took plaintiff’s deposits without requiring his assent to the by-laws by subscribing his name to the book kept for that purpose, as provided by the eleventh article, is not conclusive that he did not otherwise assent to them; for we do not regard that method of assent as intended to be the only method, but only one method.
The maxim that the express mention of one thing implies the exclusion of another is often excedingly helpful in the construction of contracts, but great caution is necessary in dealing with it, for, as said by…
2Cases cited6 opinions
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
- Goldrick v. Bristol County Savings BankMassachusetts Supreme Judicial Court · 1877
- Levy v. Franklin Savings BankMassachusetts Supreme Judicial Court · 1875
- Eaves v. People's Savings BankSupreme Court of Connecticut · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chase v. Waterbury Savings BankSupreme Court of Connecticut · 1904
- Cosgrove v. Provident Institution for SavingsSupreme Court of New Jersey · 1900
- Hardee v. George H. Price Co.District Court, District of Columbia · 1937
- Highfield v. First National BankCourt of Appeals of Georgia · 1932
- Mt. Mansfield Television, Inc. v. FarrellSupreme Court of Vermont · 1966
2 more not listed; retrieve them via the Exa API.