Volpe v. Emigrant Industrial Savings Bank

On April 19, 1945, plaintiff had a savings account with the defendant. On that day he personally withdrew $5,000 from his account upon his duly executed withdrawal slip. He received therefor a teller’s check to his own order, drawn on a commercial bank in which the defendant had funds on deposit.

On that day or the following day he went to North Carolina, taking the check and the bankbook with him. He stayed in North Carolina with his son for about six months. On October 29, 1945, he was committed as an incompetent person to a North Carolina institution, and on November 28, 1945, his son was…