Buena Vista Loan & Savings Bank v. Bickerstaff

Citation. 174 S.E.2d 219 (Ga. Ct. App. 1970)

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Citation174 S.E.2d 219 (Ga. Ct. App. 1970)

Brief Fact Summary.

Buena Vista Loan and Savings Bank appealed his denial of summary judgment when they were sued for breach of a bailor-bailee relationship.

Synopsis of Rule of Law.

A bank is required to exercise ordinary care to a customer because the relationship is one of bailor and bailee.

Points of Law - Legal Principles in this Case for Law Students.

We have held that in an action for damages arising out of collision with a vehicle standing on the highway, the burden of proving the necessity for stopping a vehicle on the main-traveled portion of the highway where practicability of moving it off such portion, within the meaning of the aforesaid statute regulating stops on the highway, is on the person who makes such stop.

View Full Point of Law

Bickerstaff rented a safe deposit box from Buena Vista Loan & Savings Bank (Buena Vista) and sued for breach of bailor-bailee relationship when money went missing from the safe deposit box. The court denied Buena Vista’s motion for summary judgment and Buena Vista appealed.

Issue.

Whether a bank is required to exercise ordinary care to a customer?

Held.

Yes. The judgment of the trial court is affirmed.

Discussion.

Once a customer has proven loss, a bank is required to exercise ordinary care.