Levy v. Franklin Savings Bank
Massachusetts Supreme Judicial Court
Contract to recover $30 deposited by the plaintiff with the defendant. Trial in the Superior Court before Brigham, C. J., who allowed a bill of exceptions in substance as follows : It appeared that the said sum had been deposited with the defendant.
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Contract to recover $30 deposited by the plaintiff with the defendant. Trial in the Superior Court before Brigham, C. J., who allowed a bill of exceptions in substance as follows : It appeared that the said sum had been deposited with the defendant. The defendant introduced evidence tending to show that a third person had presented at the bank an order for the above amount purporting to be signed by the plaintiff, together with the plaintiff’s book of deposit, and that the bank had paid the sum to the party so presenting the order and deposit book. The plaintiff contended that the order was a…
1Opinion of the CourtMorton, J.
The plaintiff contends that the sole object of the by-law is to protect the bank against the risk of mistake as to the personal identity of its depositors, and therefore that it does not apply to a case where there has been no mistake as to identity, but the bank has paid upon a forged order purporting to be signed by the depositor. This argument would be very strong, perhaps conclusive, if this by-law had not contained the last clause. It would then have been the same, with only immaterial verbal changes, as the by-law considered in the case of Jochumsen v. Suffolk Savings Bank, 3 Allen, 87,…
2Cited by14 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Bulakowski v. Philadelphia Saving Fund SocietySupreme Court of Pennsylvania · 1921
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Goldrick v. Bristol County Savings BankMassachusetts Supreme Judicial Court · 1877
- Donlan v. Provident Institution for SavingsMassachusetts Supreme Judicial Court · 1879
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