Wall v. Emigrant Industrial Sav. Bank
New York Supreme Court
Appeal from circuit court. New York county. Action by James Wall against the Emigrant Industrial Savings Bank to recover a deposit paid out by defendant to the wrong person on presentation of the pass book. From a "judgment in favor of defendant, entered on a verdict rendered under the direction of the court, plaintiff appeals.
1Opinion of the CourtO’Brien, J.
In Kummel v. Bank, 127 N. Y. 492, 28 N. E. Rep. 398, it is said: “Assuming that the by-laws printed in the book are binding upon the depositor, and constitute a contract between the parties, we still think that the duty devolves upon the officers of the bank to exercise care and diligence in order that their depositors may be protected from fraud and larceny. ” In another form the rule is thus stated in Allen v. Bank, 69 N. Y. 319: “The officers of savings banks, acting under rules such as those shown to us in this case, are bound to the exercise of care and diligence, up to the mark which is…
Also in this document: Concurrence.
2Cases cited4 opinions
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
- Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
- Kummel v. Germania Savings BankNew York Court of Appeals · 1891
3Cited by4 opinions
- Ferguson v. Harlem Savings BankAppellate Terms of the Supreme Court of New York · 1904
- Geitelsohn v. Citizens' Savings BankAppellate Terms of the Supreme Court of New York · 1896
- Brown v. Merrimack River Savings BankSupreme Court of New Hampshire · 1893
- Kenny v. Harlem Savings BankAppellate Terms of the Supreme Court of New York · 1909