Shaw v. Union Bank and Trust Co.

The case presents but two questions: (a) Does a depositor have a tort claim against his banker for wrongful refusal to honor an order for withdrawal of funds on deposit? And if so, then (b) What elements of damage are recoverable?

The depositor’s appeal is from a judgment that confined his recovery to lost interest and denied his plea for other damages alleged to have been occasioned by the harmful event. While I concur in the court’s view that an ex delicto action does lie, I cannot accede to its exposition of the depositor’s recovery limits.

The surviving joint tenant in a savings account…