Brooks v. Erie County Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erie County Savings Bank, from a judgment of the County Court of Erie county in favor of the plaintiff, entered in the office of the clerk of said county on the 22d day of July, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of June, 1914, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Erie County Savings Bank, from a judgment of the County Court of Erie county in favor of the plaintiff, entered in the office of the clerk of said county on the 22d day of July, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of June, 1914, denying defendant’s motion for a new trial made upon the minutes. The action was brought to recover one-half of the amount of a check drawn by the defendant Brooks upon an account standing in the name of “Mrs. Bita Brooks or C. E. Brooks.”
1Opinion of the Court
Kruse, P. J.:
Concededly, under the form of the account in question, the defendant was authorized to pay the deposit to either the plaintiff or her husband. I think the rule of the bank permitting the secretary to waive the production of the pass book applies to joint accounts such as this, as well as to that of a single individual, and that the defendant had the right to waive the production of the pass book, as provided by the by-law under which the deposit was made, and that such waiver on the part of the bank is not contrary to the provisions of section 152 of the Banking Law (Consol.…
2Cited by11 opinions
- Forbes v. First Camden Nat. Bank & Trust Co.New Jersey Superior Court Appellate Division · 1953
- Mercantile Savings Bank v. ApplerCourt of Appeals of Maryland · 1926
- Badders v. PEOPLES TRUST CO.Indiana Supreme Court · 1957
- Davis v. Chittenden County Trust Co.Supreme Court of Vermont · 1948
- Peters v. PetersWest Virginia Supreme Court · 1994
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