Allen v. . Williamsburgh Savings Bank
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial.' This was an action to recover the balance alleged to be due upon the deposit account of plaintiff" with defendant, a savings bank.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial.' This was an action to recover the balance alleged to be due upon the deposit account of plaintiff" with defendant, a savings bank. The only question ivas as to an alleged payment by defendant of an item of $2,850. At the time plaintiff opened his account, he signed his name in a signature book. The bylaws of the bank, a printed copy of which was in plaintiff’s deposit or pass book, contained the…
1Opinion of the CourtFolger, J.
It may be taken as undisputed, that the name of the plaintiff to the order on the defendant is not his genuine signature. If the payment had been' made in reliance upon that instrument, and in the absence of agreement as to the mode of making payment, the defendant could not be excused. It would have been bound to know that the signature of its customer was forged; (The Nat. Park Bank v. Ninth Nat. Bank, 46 N. Y., 77.) If the payment had been made in reliance upon the fact alone, that it was to a person producing the deposit book, the defendant could not be excused; it must appear in addition…
2Cases cited3 opinions
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
- Schoenwald v. . Metropolitan Savings BankNew York Court of Appeals · 1874
3Cited by35 opinions
- Noah v. . Bowery Savings BankNew York Court of Appeals · 1919
- Kelley v. . Buffalo Savings BankNew York Court of Appeals · 1904
- Boone v. Citizens' Savings BankNew York Court of Appeals · 1881
- Kummel v. Germania Savings BankNew York Court of Appeals · 1891
- Mercantile Savings Bank v. ApplerCourt of Appeals of Maryland · 1926
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