Goldrick v. Bristol County Savings Bank
Massachusetts Supreme Judicial Court
Contract to recover $150 deposited by the plaintiff with the defendant. Trial in the Superior Court, without a jury, before Brigham, C. J., who found the following facts: The plaintiff first deposited moneys with the defendant in January, 1864, and, from that time until July, 1874, made once or twice in each year deposits of money.
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Contract to recover $150 deposited by the plaintiff with the defendant. Trial in the Superior Court, without a jury, before Brigham, C. J., who found the following facts: The plaintiff first deposited moneys with the defendant in January, 1864, and, from that time until July, 1874, made once or twice in each year deposits of money. The defendant’s treasurer or clerks paid, on August 25,1871, $100, and on September 25,1871, $50, to a person, not the plaintiff, or authorized to have the plaintiff’s bank book, or authorized to receive the money, who at those times exhibited to the defendant’s…
1Opinion of the CourtMorton, J.
One of the by-laws of the defendant bank provides that, “ as the officers of the institution may be unable to identify every depositor, the institution will not be responsible for any loss sustained, when a depositor has not given notice of his book being stolen or lost, if such book be paid, in whole or part, on presentation.” When the plaintiff made his deposits, he assented to the by-law, and it thus became a part of the contract between the parties. The plain object of this by-law was to exonerate the bank from loss occasioned by the inability of its officers to identify the depositor,…
2Cases cited1 opinion
- Levy v. Franklin Savings BankMassachusetts Supreme Judicial Court · 1875
3Cited by14 opinions
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Ackenhausen v. People's Savings BankMichigan Supreme Court · 1896
- Donlan v. Provident Institution for SavingsMassachusetts Supreme Judicial Court · 1879
- Wasilauskas v. Brookline Savings BankMassachusetts Supreme Judicial Court · 1927
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