Legal Opinion

Schoenwald v. . Metropolitan Savings Bank

New York Court of Appeals

Decided May 5, 1874PublishedCited by 19 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover the balance of a deposit made by plaintiff with defendant.

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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover the balance of a deposit made by plaintiff with defendant. On the 21st day of August, 1869, the plaintiff deposited with defendant, $100. At the request of the officer of defendant she wrote her name in a book kept for the purpose at the bank, and wrote the same in German. She was given a passbook, which she afterward took away, and in which was…

1Opinion of the Court

Reynolds, C.

On the 21st of August, 1869, the plaintiff deposited with the defendant’s bank $100, upon the conditions indicated by a pass-book, delivered to her when the deposit was made. The plaintiff was a German by birth, and, it is said, could not read the English language, in which the rules and regulations of the defendant’s bank were printed. She, as appears to have been customary, when the deposit was made, gave the bank her signature and received the usual pass-book. Among the rules and regulations printed in the pass-book, and under which the deposit was made, it was declared that…

2Cited by19 opinions

  1. Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
  2. Kelley v. . Buffalo Savings BankNew York Court of Appeals · 1904
  3. Smith v. . Brooklyn Savings BankNew York Court of Appeals · 1885
  4. Kummel v. Germania Savings BankNew York Court of Appeals · 1891
  5. Ackenhausen v. People's Savings BankMichigan Supreme Court · 1896

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