Legal Opinion

Burrill v. Dollar Savings Bank

Supreme Court of Pennsylvania

Decided November 24, 1879PublishedCited by 11 opinions

Error to the Court of Common Pleas No. 2, of Allegheny . county: Of October and November Term 1879, No. 323. Assumpsit by Samuel Burrill against the Dollar Savings Bank, to recover the amount of a deposit. Plaintiff was a colored man, who, at the time he opened his account with the bank in 1868, could neither read nor write.

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Error to the Court of Common Pleas No. 2, of Allegheny . county: Of October and November Term 1879, No. 323. Assumpsit by Samuel Burrill against the Dollar Savings Bank, to recover the amount of a deposit. Plaintiff was a colored man, who, at the time he opened his account with the bank in 1868, could neither read nor write. When he opened the account, he made his mark on the signature book of the bank; but subsequently having learned to read and write he, in 1876, signed the book with his own hand. The rules and regulations of the bank were printed on the back of the bank book, which was…

1Opinion of the Court

The judgment of the Supreme Court was entered November 24th 1879,

2Per curiam

Savings banks like the defendant in error are really charities for the benefit of the poor. With many thousands of depositors they can only save themselves from imposition and loss by rules strictly enforced. The rule under which the defendants claim protection is a very reasonable one, and necessary for their safety. The fact that the plaintiff was illiterate, and could not read the rules in the bank book delivered to him, made no difference. He ought to have requested it to be read to him. Common prudence required this…

3Cited by11 opinions

  1. Bulakowski v. Philadelphia Saving Fund SocietySupreme Court of Pennsylvania · 1921
  2. Bernstein v. Northwestern National Bank in PhiladelphiaSuperior Court of Pennsylvania · 1944
  3. Constructors' Assn. of W. Pa. v. FurmanSuperior Court of Pennsylvania · 1949
  4. Hardee v. George H. Price Co.District Court, District of Columbia · 1937
  5. Wronski v. Frankford Trust Co.Superior Court of Pennsylvania · 1924

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