Kummel v. Germania Savings Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme C.ourt in the second judicial department, entered upon an order made September 9, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtHaight, J.
This action was brought to recover the sum of $450.11, being balance of amount deposited by the plaintiff with the defendant.
It appears that this balance had in fact been paid by the bank upon a forged check or receipt, to a stranger, who had stolen the pass-book from the plaintiff. At the time the plaintiff opened his account with the bank he subscribed his name in a book kept for that purpose giving his place of residence, place of birth, the names of his parents, brothers and sisters, etc. A pass-book was issued to him in which was entered the amounts of deposits made by him from time to…
2Cases cited3 opinions
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
- Schoenwald v. . Metropolitan Savings BankNew York Court of Appeals · 1874
3Cited by23 opinions
- Noah v. . Bowery Savings BankNew York Court of Appeals · 1919
- Kelley v. . Buffalo Savings BankNew York Court of Appeals · 1904
- Union Oil Co. of Calif. v. LullOregon Supreme Court · 1960
- Chase v. Waterbury Savings BankSupreme Court of Connecticut · 1904
- United States v. Bowery Savings BankCourt of Appeals for the Second Circuit · 1961
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