Sumner v. Providence Institution for Savings

1 Citing case

  1. Dolbashian v. R.I. Hospital Trust Co.

    167 A. 262 (R.I. 1933)   Cited 3 times

    Upon the qualification of Ohan Dolbashian as executor of the estate of Bedros Dolbashian, if he had appeared at defendant's bank and had produced a certificate of his qualification and the pass book issued by defendant to Bedros Dolbashian, he would have been entitled to receive the amount due as shown by the book. Palmer v. Providence Inst. for Savings, 14 R.I. 68. It is unnecessary for the court to determine the motive of Ohan Dolbashian in going to New York and there opening an account with a bank and giving an order on defendant purporting to be signed by Bedros Dolbashian, giving his pass book issued by defendant to secure the transfer of the deposit to his account in the bank there and subsequently withdrawing the money, when he personally could have withdrawn the money from defendant bank. Sumner, Ex. v. Providence Inst. for Savings, 28 R.I. 467. The case of Walker v. Portland Savings Bank, 93 Atl. (Me.) 1025, cited by plaintiff, is to be distinguished from the present case because it appears that the money was paid by the defendant bank upon a forged order before the forger became administrator of the estate of the person whose name he had forged, while in the case at bar it could be argued that the executor was authorized to sign the name of his testator and consequently did not forge his signature and that, while executor, he received the money due his testator's estate.