Smith v. . Brooklyn Savings Bank
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 12, 1883, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. This action was brought to recover the amount of various deposits made by plaintiff in defendant’s bank, and entered in a pass-book delivered to him.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 12, 1883, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. This action was brought to recover the amount of various deposits made by plaintiff in defendant’s bank, and entered in a pass-book delivered to him. The defense was that the moneys deposited had been paid out by the bank on presentation of the pass-book to a third person whom the proof showed was a brother of plaintiff, who had no authority from plaintiff to draw the…
1Opinion of the Court
Roger, Oh. J.
The defendant, a savings bank, seeks to justify the payment by it of a depositor’s money, to a stranger upon the ground that such payments were made to a person having possession of the depositor’s pass-book. Such a passbook is not negotiable paper, and its possession constitutes in itself no evidence of a right to draw money thereon. It merely imports a liability of the bank to the depositor for the moneys deposited, and an agreement to repay them at such time and in such manner as he shall direct. This contract is implied from the nature and objects of the transaction occurring…
2Cases cited2 opinions
- Boone v. Citizens' Savings BankNew York Court of Appeals · 1881
- Schoenwald v. . Metropolitan Savings BankNew York Court of Appeals · 1874
3Cited by27 opinions
- Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900
- Pelton's Exr. v. DumasSupreme Court of Vermont · 1951
- Myers v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1946
- Dellepiane v. HynesCalifornia Court of Appeal · 1927
- Cosgrove v. Provident Institution for SavingsSupreme Court of New Jersey · 1900
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