Appleby v. . Erie County Savings Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, in favor of defendant, entered upon an order denying a motion for a new trial, and directing a judgment upon a verdict. This action was brought to recover the amount of various deposits made by plaintiff with defendant. The defence was, that the amount had been paid by defendant in good faith to a person holding the pass-book issued to plaintiff by defendant, and supposed by it to be the plaintiff.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of Buffalo, in favor of defendant, entered upon an order denying a motion for a new trial, and directing a judgment upon a verdict. This action was brought to recover the amount of various deposits made by plaintiff with defendant. The defence was, that the amount had been paid by defendant in good faith to a person holding the pass-book issued to plaintiff by defendant, and supposed by it to be the plaintiff. It appeared upon the trial that in pursuance of the provisions of its charter, before the deposits in question,…
1Opinion of the Court
Church, Ch. J.
The only point upon which I have entertained any doubt in this case, is upon the question whether the teller was negligent in not observing the dissimilarity between the signature upon the receipt upon which the money was paid, and the signature of the plaintiff upon the book when the first deposit was made, should not have been submitted to the jury. Buie 9 provides, that the pass-book shall be the voucher of the depositor, “ and the possession of the pass-book shall be sufficient authority to the bank to warrant any payment made in it.” Bule 12. “All payments of one dollar, or…
2Cases cited1 opinion
- Eaves v. People's Savings BankSupreme Court of Connecticut · 1858
3Cited by57 opinions
- Peguero v. 601 Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
- Kelley v. . Buffalo Savings BankNew York Court of Appeals · 1904
- Kummel v. Germania Savings BankNew York Court of Appeals · 1891
- Gearns v. Bowery Savings BankNew York Court of Appeals · 1892
52 more not listed; retrieve them via the Exa API.