The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-03-30
COUNT YOUR CASH.
How Shortages May be Avoided
When at the Bank-A
Legal Decision.

Plaintiff drew money from the Hope
we'll IN. j. National Bank. He counted
it after reaching his place of business,
and then found it short. He notified the
bank of the apparent error, but the bank's
teller was positive that he had not made
a mistake. The bank was sued, and the
District Court at Trenton has now de-
cided in favor of the bank. The state
ment of The duty which is imposed upon
bank customers to count their funds be-
fore leaving the bank is interesting.
Judge Beasiey, in delivering the opinion,
says:
Il have looked through the books to
find a case similar to tina now before me,
but in vain. 1 had hoped to find a gen.
eral principle Of law laid down concern
ing a question of this kind. The case,
therefore, resolves itself into q question
of fact. That the five hundred dollars was
either never put into the original package
or was lost is without doubt. AS a matter
of prudence the money should have been
counted by Labaw and Race, the cashier.
But both these persons were, no doubt,
in the habit of receiving similar packages
from banks without examining the con-
tents. Mr.. Wood, skilled in the art OF
counting bills, a trusted official of the
bank, swears that he put $500 in this
identical package. 1t then passed into
the hands of Labaw and Race, both bank
officers.
How, then, did the shortage occur?
Money is easily lost. Did Englebright
guard his satchel with proper care? Might
not part of the package have been stolen?
But, however these questions can be an
swered, the fact remains that Englebrightt
stood by while Race, the cashier, counted
and arranged the money asked for. . He
trusted to the cashiers honesty and expe-
rience to give him the right amount. He
did not count the none after it had been
handed to i'm. Can he, after having an
opportunity to ascertain whether he had
received the amount of none due him,
leave the bank, count the none hours
afterward and expect the bank to REIN
burse him for the shortage? If he can.
banks would be at the mercy of every
customer who chose to take advantage of
them.
COUNT YOUR MONEY.
"a person receiving money from the
bank should, if possible, count the money
received in the presence of the teller CT
other officer, and if a mistake occurs in
the count should notify such officer of the
mistake at once, and unless this be done
all dlIIlOSl CONCLUSIVE pIGSQlIlpllOu VI tIG
correctness of the payment will arise. 1t
is urged on the part of the plaintiff that
there can be no general principle Of law
laid down in a case of this kind; that even
if the bank had passed a bylaw requiring
all errors in payment over the counter to
be corrected by the party before leaving
the bankingsrooms' tins ny-iaW would ~ pc
ever. This oetrine wa5 laid down in the
case of the Mechanics and Farmers Bank
in the city Of Albany vs.. Smith 18th
Johns, 115. In that case the rules of the
bank were pasted in all the ~bankbooks
when the dealers with the bank COM
menced business, 1ne e Of which rules e $
received at the bank must be examined
THE Court y The power of making
rules and regulations is necessarily incl
dent tic a corporation, and it is generally
inserted in the act of the corporation to
define its nature and limit It's extert. l
ave never heard of an instance where a
mistake was ascertained that the bank
has refused to correct it.
II am aware that in this busy age we
perience of bank officials; that many bust
ness firms of this city receive money
daily in packages without ever counting
the money enclosed therein. But would it
not be more businesslike to have the
Ger or in the bank? Then. if a mistake,
can be at once rectified. Banks must be
protected as well as individuals. I am
inclined to think that all banks should
notify persons receiving money that no
mistake will be rectiled if the depositor
caves the bank without discovering his
mistake. 1t is much more likely in this
case that the money claimed by the plain
tiffs was lost after it had been drawn
from the bank h before. Tit bank Off
GERS are paid to be careful. Care is one
of the requirements of such a position. l
do not see how they could have made SO
great a mistake. 1 therefore give judg-
ment of no cause ofSaction."-From the
Amarfcan .Banker -.E.Ll