Mills v. Albany Exchange Savings Bank
New York Supreme Court
Hr July, 1875, one Deborah G. P. Williams opened an account with the defendant, the Albany Exchange Savings Bank, by making a deposit therein. At the time of opening said account said Deborah G. P. Williams received from said bank a pass-book containing a copy of the act incorporating the bank, and also a copy of its by-laws.
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Hr July, 1875, one Deborah G. P. Williams opened an account with the defendant, the Albany Exchange Savings Bank, by making a deposit therein. At the time of opening said account said Deborah G. P. Williams received from said bank a pass-book containing a copy of the act incorporating the bank, and also a copy of its by-laws. From time to time thereafter she made further deposits therein which were entered in said pass-book, and from time to time she withdrew money from said bank, which withdrawals were also entered in said pass-book. The by-laws of the defendant relating to the pass-book and…
1Opinion of the CourtChase, J.
The provisions which were included in the Revised Statutes (2 R. S., 406, part 3, chap. 7, tit. 3, §§ 75, 76) and the present provision of the Code of Civil Procedure (§ 1917) were designed to take the place of the ancient rule denying jurisdiction in law in actions on lost negotiable instruments and requiring all suits upon lost negotiable instruments to be brought in equity where the court would have power to require suitable indemnity to the defendant in the action. An action can now be brought upon such a lost instrument and a recovery had upon complying with the provisions of such…
2Cases cited12 opinions
- Wright v. . WrightNew York Court of Appeals · 1873
- Blade v. NolandNew York Supreme Court · 1834
- Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
- Smith v. . Brooklyn Savings BankNew York Court of Appeals · 1885
- Kummel v. Germania Savings BankNew York Court of Appeals · 1891
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3Cited by3 opinions
- McCabe v. Union Dime Savings BankCity of New York Municipal Court · 1934
- Zander v. New York Security & Trust Co.New York Supreme Court · 1902
- Geller v. LevittNew York Supreme Court · 1960