Peoples' Savings Bank v. Cupps
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 276. Case by Jacob Cupps and E. W. Cupps, his wife, in right of said wife, against the Peoples’ Savings Bank, to recover the amount of a deposit in said bank in the name of the wife. It appeared that Mrs. E. W. Cupps, who was an old lady, resided with her husband about fifteen miles from Pittsburgh.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 276. Case by Jacob Cupps and E. W. Cupps, his wife, in right of said wife, against the Peoples’ Savings Bank, to recover the amount of a deposit in said bank in the name of the wife. It appeared that Mrs. E. W. Cupps, who was an old lady, resided with her husband about fifteen miles from Pittsburgh. On the 28th of October 1876 she gave to her daughter, Mrs. Magill, who lived in Pittsburgh, the sum of $800, to be deposited in some savings bank. On the same day Mrs. Magill called at the…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
The depositors in a savings bank have a right to rely on the published by-laws as to the mode in which the money can be withdrawn. It cannot be pretended that in this case Mrs. Cupps’s money was paid out in conformity to any one of *319these by-laws. It was paid out on forged orders, and these orders were “not properly witnessed,” as the by-laws required the orders of absent depositors to be. It was not a question of negligence, and contributory negligence in the depositor was of. no consequence. It was a case of mis-payment, contrary to the published…
3Cited by7 opinions
- Appeal of WalshSupreme Court of Pennsylvania · 1888
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
- Mercantile Savings Bank v. ApplerCourt of Appeals of Maryland · 1926
- Wronski v. Frankford Trust Co.Superior Court of Pennsylvania · 1924
- Fisher v. North Penn BankSuperior Court of Pennsylvania · 1921
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