BANKS AND BANKING-NIGHT DEPOSITORY-RELATION CREATED BETWEEN BANK AND DEPOSITOR

Authors

Irving Slifkin, University of Michigan Law SchoolFollow

Abstract

By payment of a nominal charge, the plaintiff became entitled to use the night depository service offered to its customers by the defendant bank. On Christmas day, 1942, plaintiff made use of this service by depositing some currency, coins, and a check which were placed in a canvas bag supplied by the defendant bank for this purpose. Plaintiff never received credit for this deposit. Defendant bank was unable to find the bag which the plaintiff had deposited, and plaintiff sued to recover the value of its contents, obtaining a judgment in the trial court. Defendant bank appealed. Held, judgment affirmed. The relationship created between the bank and the user of the night deposit facility was a bailment for mutual benefit, and the bank owed the depositor the duty to use reasonable care in seeing that the deposit was credited to his account. Bernstein v. Northwestern National Bank in Philadelphia, (Pa. Super. 1945) 41 A. (2d) 440.

Recommended Citation

Irving Slifkin, BANKS AND BANKING-NIGHT DEPOSITORY-RELATION CREATED BETWEEN BANK AND DEPOSITOR, 45 Mich. L. Rev. 908 (1947).
Available at: https://repository.law.umich.edu/mlr/vol45/iss7/9