Brown v. Merrimack River Savings Bank
Supreme Court of New Hampshire
Assumpsit, far money deposited in the defendant bank by Sale Page, the plaintiff’s intestate, and dividends and interest tliereon. Trial by jury. Verdict for the plaintiff.
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Assumpsit, far money deposited in the defendant bank by Sale Page, the plaintiff’s intestate, and dividends and interest tliereon. Trial by jury. Verdict for the plaintiff. There was evidence tending to show that Sale Page deposited in the defendant bank, October 8, 1889, $200, and signed an agreement to be bound by the by-laws of the bank, and received a deposit-book, in winch the rules and by-laws of the bank were printed in conspicuous type, among which by-laws was the following : “Guard against Fraud in "Withdrawing Deposits. “As the officers of this institution may be unable to identify…
1Opinion of the Court
Wallace, «T.
The by-law of the bank, that “the institution will not be responsible for loss sustained when the depositor has not given notice of his book being lost or stolen, if such book be paid in whole or in part on presentation,” was a material part of the contract of deposit entered into by the bank and Page when he made his first deposit and signed the agreement to be bound by the by-laws, which were printed in the deposit-book then given him, and governs the rights of the parties. Heath v. Portsmouth Savings Bank, 46 N. H. 78; Wall v. Provident Inst. for Savings, 6 Allen 320. It,…
2Cases cited4 opinions
- Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
- Wegner v. Second Ward Savings BankWisconsin Supreme Court · 1890
- Inhabitants of Somerset v. Inhabitants of RehobothMassachusetts Supreme Judicial Court · 1850
- Wall v. Emigrant Industrial Sav. BankNew York Supreme Court · 1892
3Cited by2 opinions
- King v. DavisCourt of Appeals for the D.C. Circuit · 1924
- Connolly v. Manchester Savings BankSupreme Court of New Hampshire · 1942