Legal Opinion

Warhus v. . Bowery Savings Bank

New York Court of Appeals

Decided June 5, 1860PublishedCited by 17 opinions

Appeal from the Superior Court of the city of New York. On the trial, the plaintiff proved these facts: Frederick Warhus, the appellant’s intestate, on the 20th December, 1852, opened an account, by a deposit with the respondent, a bank for savings in the city of New York.

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Appeal from the Superior Court of the city of New York. On the trial, the plaintiff proved these facts: Frederick Warhus, the appellant’s intestate, on the 20th December, 1852, opened an account, by a deposit with the respondent, a bank for savings in the city of New York. At the time of the deposit, the intestate, who was a German, understanding but a few of the most familiar words of our language, signed the rules and regulations of the bank, and received a pass-book, in which the deposit was entered, and which had pasted in the front part thereof the rules and regulations of the bank. One…

1Opinion of the CourtDavies, J.

It is provided, in and by the 6th section of the act incorporating the defendants (Laws of 1884, ch, 229), that the corporation shall receive, as deposits, all sums of money that may be offered for that purpose; “ and such deposits shall be repaid to each depositor when required, and at such times and with such interest and under such regulations as the board of managers shall from time to time prescribe;” and which regulations were to be put up in a conspicuous place in the room .where the business of the corporation should be transacted.

In pursuance of this authority, the defendants adopted…

2Cited by17 opinions

  1. Kirkland v. . DinsmoreNew York Court of Appeals · 1875
  2. Mierke v. Jefferson County Savings BankNew York Court of Appeals · 1913
  3. McCabe v. Union Dime Savings BankCity of New York Municipal Court · 1934
  4. R. H. Macy & Co. v. Tyler, New York County Courts1959
  5. Ayres v. Western R. Corp.U.S. Circuit Court for the District of Southern New York · 1876

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