57 Ind. App. 320 | Ind. Ct. App. | 1914
Appellee as plaintiff brought this action to recover a sum of money alleged to have been deposited by him with appellant. Judgment was rendered in favor of appellee.
“Gary, Indiana, January 18th, 1910. Received from Dimo Josefoff One Plundred Nineteen Napolendo for five months safe keeping (Personal) 119 Napolenondors M. Picar.”
Appellant asserts that the complaint is defective and that the demurrer thereto should have been sustained because the writing alleged to be a receipt is a written contract and shows on its face that the deposit was not made with the bank as stated in the general averment, but that it was deposited with Mike Picar personally for safe-keeping for a period of five months. An instrument such as the one set out in the complaint has been held by the courts of this State to be more than a mere receipt. It has been held that the law which is a silent factor in every contract, imports into a writing such as this the obligation to pay upon a reasonable demand; and that it is, therefore, a written
In deciding a case very similar to the case at bar, the court of appeals of New York speaking by Andrews, J., uses the following pertinent language: “It is insisted, however, that the certificate issued to the plaintiff at the time of the deposit conclusively establishes that the transaction was with Van Campen and upon his sole credit. The certificate is said to be a written contract, by which alone the right of the plaintiff is to be determined, and that parol proof that the deposit was made with the bank or tending to establish a liability of the bank was inadmissible, as in violation of the rule that parol evidence can not be given to contradict a written instrument. The rule that when parties have reduced a contract between them to writing, the writing alone,
6.
We find no reversible error in the record. Judgment affirmed.
Note. — Reported in 105 N. ID. 175. As to what transaction effects a deposit in bank and the control in equity in this connection, see 57 Am. Rep. 97. See, also, under (1) 9 Cyc. 298; (2) 31 Cyc. 563; (3, 10) 5 Cyc. 1913 Ann. 521-New; (4) 31 Cyc. 85; (5) 17 Cyc. 749; (6) 5 Cyc. 1913 Ann. 521-New; 1915 Ann. 517-New; (7, 8) 5 Cyc. 516-518; 31 Cyc. 1335; Agency 2 C. J. §218; (9) 31 Cyc. 1237; Agency 2 C. J. §71; (11) 38 Cyc. 1433.