Davis v. Windsor Savings Bank
Supreme Court of Vermont
Assumpsit. Plea, the general issue and notice, and trial by jury, December term, 1872, Barrett, J., presiding. It appeared that Mrs. Mary E. Dudley, then covert, deposited in the defendant bank, on thé lltli day of July, 1865, $72, on the 16th of October, 1865, $62.50, and on the 17th of said October, $10, in the name of her brother, the intestate, and received from the bank a deposit-book, in which said deposits were entered in due form, according to the practice of the…
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Assumpsit. Plea, the general issue and notice, and trial by jury, December term, 1872, Barrett, J., presiding. It appeared that Mrs. Mary E. Dudley, then covert, deposited in the defendant bank, on thé lltli day of July, 1865, $72, on the 16th of October, 1865, $62.50, and on the 17th of said October, $10, in the name of her brother, the intestate, and received from the bank a deposit-book, in which said deposits were entered in due form, according to the practice of the bank ; that she kept said book till the 4th day of December, 1865, when she received of the bank the amount of said…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
The only question presented by the bill of exceptions is, whether the defendant bank was justified in paying *731the money which it held to the credit of the deceased, to Mrs. Dudley, his sister, who deposited the money in the bank as his agent, such payment being made after the revocation of her agency by the death of her principal, said bank having no knowledge of such death, and paid the money in good faith. That the death of the principal terminates the agency, all the authorities agree ; but the effect of such death upon the acts of…
2Cases cited2 opinions
- Michigan Insurance v. Estate of LeavenworthSupreme Court of Vermont · 1856
- Michigan State Bank v. Estate of LeavenworthSupreme Court of Vermont · 1855
3Cited by3 opinions
- Glennan v. Rochester Trust & Safe Deposit Co.New York Court of Appeals · 1913
- Weber v. . BridgmanNew York Court of Appeals · 1889
- Wells v. FossSupreme Court of Vermont · 1908