Volpe v. Emigrant Industrial Savings Bank

I concur in the opinion by the court; and I am of opinion that there are additional grounds for the result. Under the by-laws of the defendant savings bank, issuance by the defendant of a check drawn upon a bank, with which defendant’s funds are deposited, constitutes final payment to the savings bank depositor and discharges the defendant from any further liability for the amount thereof; and under the facts and circumstances of this case the by-law provision is conclusive as to the $5,000 withdrawn by the plaintiff personally. That by-law must be construed as an express agreement to accept…