33 Misc. 92 | N.Y. App. Term. | 1900
On the 10th day of October, 1889, one James Reid made a deposit with the Emigrants’ Industrial Savings Bank
“ Although the bank will endeavor to prevent fraud on its depositors, yet all payments to persons producing the pass-book issued by the bank .shall be valid payments to discharge the bank. In the case of lost books the bank will decide as to the person to whom payment shall be made, and without the right of the depositor in such lost books to question the correctness of the payment.”
It is well "settled that notwithstanding stipulations of this character the bank still owes a duty to its depositor to exercise ordinary care in making payments, and that, in the absence of such, it still
It is further claimed by the defendant that the father was, as matter of law, entitled to receive the money in question, although he was neither the general nor testamentary guardian of the plaintiff. This question, however, has been decided adversely to this contention in the case of Foley v. Mutual Life Ins. Co., 138 N. Y. 333, where the matter underwent a somewhat elaborate discussion.
Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.
Giegebich and O’Gobman, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.