Dacy v. New-York Chemical Manufacturing Co.
The Superior Court of New York City
Assumpsit, to recover of the defendants the sum of 481 dollars, deposited in .the Chemical Bank, under the following circumstances. The plaintiff was an illiterate man, tyho kept a grocery, and his wife was in the habit of attending the shop during his absence. Neither of them could read or write; but, in the course of their business, having accumulated a quantity of specie, the plaintifftold his wife to deposit it in some bank.
Read the full summary
Assumpsit, to recover of the defendants the sum of 481 dollars, deposited in .the Chemical Bank, under the following circumstances. The plaintiff was an illiterate man, tyho kept a grocery, and his wife was in the habit of attending the shop during his absence. Neither of them could read or write; but, in the course of their business, having accumulated a quantity of specie, the plaintifftold his wife to deposit it in some bank. She, there- ■ upon, went to the defendants’ bank in company with á person by the name of. Hoy, (who was understood, at the bank, to be her son) and desired to open an…
1Opinion of the CourtOakley, J.
It appears from the evidence in this case, that the wife of the plaintiff" was entrusted by him with certain moneys, and directed to deposit them in some bank. She accordingly opened an account in her own name with the defendants, and made deposits from time to time. She gave directions at the bank as to the manner in which the money standing to her credit was to be drawn out on her checks, and various checks were accordingly drawn by her for the whole amount. The defendants had no knowledge that she was a married woman until after they had paid all the checks and closed her account. The…
2Cited by1 opinion
- Adams v. MillsThe Superior Court of New York City · 1874