Donlan v. Provident Institution for Savings

The Provident Institution for Savings paid the amount due on Ellen Donlan’s hank hook to a person unknown, who, after the death of Ellen, presented the book for payment, *184representing herself to be the person therein named, the defendant then, believing her to be the original depositor. The plaintiff, as executor of her will, now demands payment of the same. In defence of the action, the bank relies upon certain of its by-laws, made to guard against fraud in withdrawing deposits, which limit its responsibility for payments made under the circumstances here disclosed. These by-laws declare that…