Ninoff v. Hazel Green State Bank
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: L. H. Bancroft, Circuit Judge. It appears from the complaint that prior to April 27, 1916, the plaintiff had deposited certain moneys with the defendant, such deposit being evidenced by a pass-book designated as “Savings Account No. 864.” That the said pass-book was the property of the plaintiff,, of the value of $700.55; that prior to April 27, 1916, some person in the city of Toledo, Ohio, wrongfully took from…
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Appeal from a judgment of the circuit court for Grant county: L. H. Bancroft, Circuit Judge. It appears from the complaint that prior to April 27, 1916, the plaintiff had deposited certain moneys with the defendant, such deposit being evidenced by a pass-book designated as “Savings Account No. 864.” That the said pass-book was the property of the plaintiff,, of the value of $700.55; that prior to April 27, 1916, some person in the city of Toledo, Ohio, wrongfully took from the plaintiff said passbook and thereafter caused the same to be delivered to the defendant, who refuses to deliver it to…
1Opinion of the Court
RoseNBE^ry, J.
The question presented here lies within very narrow limits. It is undisputed that the defendant bank is not liable if in making the payment in the manner and under the circumstances it was in the exercise of ordinary care. Wegner v. Second Ward Sav. Bank, 76 Wis. 242, 44 N. W. 1096. The following is a facsimile of the plaintiff’s signature appearing upon the signature card:
A facsimile of the signature upon the order upon which the payment was made is as follows:
There was evidence by three bankers of experience that they would, in the exercise of ordinary business prudence and…
2Cases cited3 opinions
- Baber v. CaplesOregon Supreme Court · 1914
- Wegner v. Second Ward Savings BankWisconsin Supreme Court · 1890
- Ladwig v. Jefferson Ice Co.Wisconsin Supreme Court · 1910
3Cited by2 opinions
- Hernandez v. First National BankNebraska Supreme Court · 1933
- Boguslawski v. Mitchell Street State BankWisconsin Supreme Court · 1923