Israel v. Bowery Savings Bank
New York Court of Common Pleas
. Appeal from a judgment of the general term of the marine court of the city of New York, affirming a judgment of that court entered on the verdict of a jury. The action was bought to recover the balance of a deposit made by the plaintiff in the defendant bank, amounting to §165. The original deposit of $170 was made July 16, 1878, when the plaintiff received a bank-book, and left his signature.
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. Appeal from a judgment of the general term of the marine court of the city of New York, affirming a judgment of that court entered on the verdict of a jury. The action was bought to recover the balance of a deposit made by the plaintiff in the defendant bank, amounting to §165. The original deposit of $170 was made July 16, 1878, when the plaintiff received a bank-book, and left his signature. Among the rules and regulations printed in this book, was the following “ Drafts may be made personally, or by the order in writing of the depositor (if the bank have the signature of the party on…
1Opinion of the CourtBeach, J.
[After stating the facts as above.] — The motion to dismiss the complaint should have been granted. It must be deemed established by the proofs, that the disputed payments were made to a person who had possession of the plaintiff’s bank-book. The rules printed in the book are, when properly made known to the depositor, a part of the contract between him and the institution. One of these, numbered ten, in substance provides that “no person shall have the right to demand any part of his principal or interest without producing the original book,' that the payments may be entered therein,” and…
2Cases cited2 opinions
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Schoenwald v. . Metropolitan Savings BankNew York Court of Appeals · 1874
3Cited by4 opinions
- Geitelsohn v. Citizens' Savings BankAppellate Terms of the Supreme Court of New York · 1896
- McKenna v. Bowery Savings BankAppellate Terms of the Supreme Court of New York · 1916
- Weaver v. EmigrantNew York Supreme Court · 1885
- Cornell v. Emigrant Industrial Savings BankNew York Supreme Court · 1887