124 Misc. 38 | City of New York Municipal Court | 1924
The jury found a verdict in favor of the plaintiff. Defendant immediately moved to set it aside upon the grounds enumerated in section 549 of the Civil Practice Act, and for a new trial. It appears from the facts that this action was brought by the plaintiff as committee of the person and estate of Thomas John Langan to recover from defendant the sum of $1,000 and interest thereon, a deposit made by the said Thomas John Langan on the 6th day of October, 1920, in the savings bank of the defendant, which the defendant promised to repay upon demand and in compliance with the by-laws printed in the passbook of the defendant. The defendant admits that such a deposit was made by the said Thomas John Langan, and claims that the account was closed by the withdrawal of the moneys by the presentation of drafts and requests for various payments, and that at the time that said drafts for the payments on account of the withdrawals of said moneys out of said deposit were made that the passbook was presented to the said bank and entries of the moneys paid out were at the time made in said book, and that the defendant used due and reasonable care in the payment of all the drafts and all the moneys deposited in said account, and that on the 23d day of April, 1921, the balance of said account was withdrawn, and in accordance with the by-laws of the said defendant the passbook was delivered to it. It appears further from the evidence that Thomas John Langan at the time that the drafts for the withdrawal of said moneys, purporting to contain the signature of Thomas John Langan, were presented with the passbook a comparison was made with the signature originally made by Thomas John Langan, and they were found to be correct, whereupon said drafts were honored and paid. It appears that at the time that the drafts and passbook were presented to the bank for the payment of said drafts that Thomas John Langan was an incompetent, and about the 17th day of June, 1924, the plaintiff herein was duly appointed committee of the estate of the said incompetent, and that a commission was duly issued to said committee bearing date of June 17,1924, duly signed by one of the justices of
Ordered accordingly; judgment accordingly.