Garvey v. Bankers Trust Co.

On October 30, 1928, the two defendants entered into a contract whereby the Trust Company took over substantially all the assets of the Savings Bank, and in consideration thereof agreed to assume all the deposit liabilities of the bank as certified by the Superintendent of Banking. The plaintiff did not appear upon the books of the bank as a depositor, and was therefore not included in the list certified by the superintendent and assumed by the Trust Company. The records of the Savings Bank showed that the account of the plaintiff had been withdrawn some months previously, and the account was…