Brown v. Bishop & Co.
Hawaii Supreme Court
Exceptions prom the decision of the Chief Justice. An account in a savings bank pass-book was headed “B. & Co. in account with L. Ki to order of his father, K.,” and it was a rule of the bank to pay only to the person to whose order the deposit was payable, and only on presentation of pass-book: the bank paid it to the administrator of K. (the father), who held the pass book: held that the administrator of the son could not recover the deposit from the bank.
Read the full summary
Exceptions prom the decision of the Chief Justice. An account in a savings bank pass-book was headed “B. & Co. in account with L. Ki to order of his father, K.,” and it was a rule of the bank to pay only to the person to whose order the deposit was payable, and only on presentation of pass-book: the bank paid it to the administrator of K. (the father), who held the pass book: held that the administrator of the son could not recover the deposit from the bank. Money deposited in a sayings bank by a father, to account of his son but payable to order of himself, is an incomplete gift inter vivos,…
1Opinion of the Court
Opinion of the Court by
Austin, J.
This is an action of assumpsit in which the Chief Justice below directed a verdict for the defendants.
The facts upon which the plaintiff claimed to recover are sub*55stantially as follows: The defendants are bankers and have a department of their business which they term a Savings Bank. A pass-book on this Savings Bank is presented, which shows a deposit on April 11th, 1879, of three hundred dollars in silver, and credits of interest, making with the principal on March 11, 1883, the sum of $372.71.
These deposits are preceded by the statement, “Bishop & Co. in…
2Cases cited4 opinions
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Warhus v. . Bowery Savings BankNew York Court of Appeals · 1860
- Phelps v. PhelpsNew York Supreme Court · 1858
- Little v. WilletsNew York Supreme Court · 1869
3Cited by3 opinions
- Welton v. GallagherHawaii Intermediate Court of Appeals · 1981
- Welton v. GallagherHawaii Intermediate Court of Appeals · 1981
- Siko v. SeguirantHawaii Supreme Court · 1969