Legal Opinion

Rivera v. Central Bank and Trust Co.

Supreme Court of Colorado

Decided August 31, 1964No. 20908PublishedCited by 9 opinions

1Opinion of the CourtJustice Frantz

Does the complaint filed in this case state a claim upon which relief can be granted? The trial court held that it did not, and granted the Bank’s motion to dismiss It is this action of the trial court which is the subject of review by this writ of error.

In substance, Jennie Rivera alleged that she had a savings account in the Bank, for which she was issued a passbook; that the passbook contained the rules, and regulations regarding deposits and withdrawals, and that Rule 12 provided:

“No withdrawals permitted by any other person than depositor unless said depositor shall execute a power of…

2Cases cited3 opinions

  1. Smith v. . Brooklyn Savings BankNew York Court of Appeals · 1885
  2. American National Bank v. First National BankSupreme Court of Colorado · 1954
  3. Henderson v. Greeley National BankSupreme Court of Colorado · 1943

3Cited by9 opinions

  1. Black Canyon Racquetball Club, Inc. v. Idaho First National BankIdaho Supreme Court · 1991
  2. Dolton v. Capitol Federal Savings & Loan Ass'nColorado Court of Appeals · 1981
  3. Premier Farm Credit, PCA v. W-CATTLE, LLCColorado Court of Appeals · 2006
  4. United States v. Central Bank of DenverCourt of Appeals for the Tenth Circuit · 1988
  5. Rubenstein v. South Denver National BankColorado Court of Appeals · 1988

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