Campbell v. Schenectady Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Schenectady Savings Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 25th day of April, 1905, upon the verdict of a jury rendered after a trial at the Schenectady Trial Term, and also frbm an order made at the close of the trial denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Schenectady Savings Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 25th day of April, 1905, upon the verdict of a jury rendered after a trial at the Schenectady Trial Term, and also frbm an order made at the close of the trial denying the defendant’s motion for a new trial made upon the minutes. This is an appeal by the defendant from a judgment upon the verdict of a jury, and from an order denying its motion for a new trial upon the minutes of the court. The plaintiff,…
1Opinion of the Court
Kellogg, J.:
It is recognized that the rule of liability of a savings bank and that of a commercial bank is different where payment of the depositor’s money is made to the 'wrong person, for the reason that in the commercial bank the depositor ordinarily has frequent transactions and is more or less personally acquainted with the officials of the bank, while in a savings bank the depositor is usually not a business person, the transactions are not so frequent and there are so many depositors who visit the bank at such rare intervals that it is not to be supposed that its officials would have…
2Cases cited2 opinions
- Kelley v. . Buffalo Savings BankNew York Court of Appeals · 1904
- Gearns v. Bowery Savings BankNew York Court of Appeals · 1892
3Cited by7 opinions
- Noah v. Bank for SavingsAppellate Division of the Supreme Court of the State of New York · 1916
- Fiero v. Franklin Savings BankCity of New York Municipal Court · 1924
- Ogborn v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1938
- Bellantese v. Bronx Savings Bank, New York County Courts1934
- Daivish v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1929
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