DAVID v. MFRS. HANOVER TRUST CO.


59 Misc.2d 248 (1969)

James E. David, Respondent, v. Manufacturers Hanover Trust Company, Appellant.

Supreme Court, Appellate Term, Second Department.

February 5, 1969


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett (Philip E. McCarthy and Henry Landau of counsel), for appellant. Eugene Feldman for respondent.

Concur — GROAT, P. J., MARGETT and RINALDI, JJ.


Per Curiam.

The terms set forth in the signature card executed by plaintiff depositor and the statements of account which are referred to therein constituted a valid contract between the said depositor and defendant bank (Krupp v. Franklin Sav. Bank, 255 App. Div. 15; Kalish v. Manufacturers Trust Co., 18 Misc.2d 958). Accordingly, the clause whereby both parties waive a jury trial must be given effect ...

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