Rimkus v. Olszewski, 193 Ill. App. 49 (1915)

May 11, 1915 · Illinois Appellate Court · Glen. No. 20,619
193 Ill. App. 49

Antanas Rimkus for use of Eva Zauninte, Appellee, v. A. Olszewski, trading as A. Olszewski Bank, Appellant.

Glen. No. 20,619.

(Not to he reported in full.)

Appeal from the County Court of Cook county; the Hon. David T. Smiley, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1914. Rehearing granted and opinion filed June 4, 1915.

Affirmed.

Opinion filed May 11, 1915.

Statement of the Case.

Action by Antanas Bimkus, for the use of Eva Zauninte, plaintiff, against A. Olszewski, trading as A. Olszewski Bank, defendant, to recover the amount of a savings account deposited by plaintiff with defendant.

The evidence showed that the account was assigned verbally by plaintiff to Eva Zauninte for a valuable consideration and that the passbook showing the account was delivered to. her by him.

From a judgment for plaintiff entered on the verdict of the jury, defendant appeals.

*50Abstract of the Decision.

Banks and banking, § 200 * —when parol transfer sufficient to pass title to savings account. A parol transfer of a savings account, accompanied by delivery of the pass book and for a valuable consideration, of which the banker has notice, is sufficient to transfer title to the transferee.

Anthony A. Slakis, for appellant; William Schwemm, of counsel.

Charles C. Bodenstab, for appellee.

Mr. Justice Smith

delivered the opinion of the court.