Legal Opinion

Meighan v. Emigrant Industrial Savings Bank

Appellate Division of the Supreme Court of the State of New York

Decided May 14, 1915PublishedCited by 7 opinions

Appeal by the defendant, The Emigrant Industrial Savings Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 29th day of October, 1914, apon the verdict of a jury, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, The Emigrant Industrial Savings Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 29th day of October, 1914, apon the verdict of a jury, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes. The facts were as follows: The plaintiff, then a resident of Hew York city, had an account with the defendant standing in his individual name. The account was subject to the defendant’s by-laws, which contained…

1Opinion of the Court

Hotchkiss, J.:

The defendant does not contend that the provision of the Banicing Law requiring the production of the pass book is an arbitrary condition that must at all hazards be complied with, but if it did, the contention could not be upheld. In Warhus *545v. Bowery Savings Bank (21N. Y. 543) it appeared that in pursuance of the provisions of the act incorporating the defendant and by which it was authorized to prescribe regulations for the withdrawal of moneys, the defendant had adopted a rule that “no person shall have the' right to demand any part of his principal or interest without…

2Cases cited1 opinion

  1. Parsan v. . JohnsonNew York Court of Appeals · 1913

3Cited by7 opinions

  1. People v. SeaveyAppellate Division of the Supreme Court of the State of New York · 2003
  2. McCabe v. Union Dime Savings BankCity of New York Municipal Court · 1934
  3. R. H. Macy & Co. v. Tyler, New York County Courts1959
  4. In re the Estate of LuntNew York Surrogate's Court · 1933
  5. Dunn v. Seamen's Bank for SavingsCity of New York Municipal Court · 1922

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