Iavazzo v. R.I. Hosp. Trust Co.
| Decision Date | 18 June 1931 |
| Docket Number | No. 6973.,6973. |
| Citation | 155 A. 407 |
| Parties | IAVAZZO v. RHODE ISLAND HOSPITAL TRUST CO. |
| Court | Rhode Island Supreme Court |
Exceptions from Superior Court, Providence and Bristol Counties; Herbert L. Carpenter, Judge.
Action by Angelina Iavazzo, administratrix of the estate of Nicola Iavazzo, deceased, against the Rhode Island Hospital Trust Company and another. Verdict for defendant. On plaintiffs exceptions.
Exceptions overruled, and case remitted to superior court for entry of judgment on verdict.
Benjamin Cianciarulo and Luigi Capasso, both of Providence, for plaintiff.
Hinckley, Allen, Tillinghast, Phillips & Wheeler, Edward W. Lincoln, and S. Everett Wilkins, Jr., all of Providence, for defendant.
This is an action of trover brought by Angelina Iavazzo, administratrix of the estate of her husband, Nicola Iavazzo, against the Westminster Bank for the conversion of a certain savings bank book issued by the Columbus Exchange Bank of Providence in the name of said Nicola Iavazzo.
The action was originally brought against the Rhode Island Hospital Trust Company as defendant. After learning that said Rhode Island Hospital Trust Company had no interest in the matter, the plaintiff caused a new writ to be issued on April 18, 1930, against the Westminster Bank, said writ joining said Westminster Bank as a party defendant to the original action. A separate declaration was filed against the Westminster Bank. To this declaration defendant filed a plea of the general issue and also a special plea setting up the statute of limitations. At the trial, the plaintiff discontinued her action against the defendant, the Rhode Island Hospital Trust Company. At the conclusion of the trial, defendant Westminster Bank moved for the direction of a verdict in its favor on the ground that the plaintiff's cause of action was barred by the statute of limitations. Said motion was granted, and the plaintiff duly excepted thereto. The plaintiff then moved that a verdict be directed for her, and duly excepted to the refusal to grant said motion. The case is before this court upon the exceptions of the plaintiff. It appeared in evidence that Nicola Iavazzo, late of the city of Providence, died on October 22, 1918, leaving as his next of kin his widow, Angelina Iavazzo, and three children. On November 19, 1918, said Angelina Iavazzo was appointed administratrix of his estate, and she qualified as such. Included in the estate was a sum of money on deposit with the Columbus Exchange Bank of Providence in a savings account standing in the name of said Nicola Iavazzo, the savings account being numbered 1992. The savings bank book, the subject of this action, came into the possession of said Angelina Iavazzo, as administratrix of said estate, and was included in the inventory thereof.
Thereafter, on or about December 29, 1919, said Angelina Iavazzo, without any authority from said probate court so to do, drew an order upon savings account in the amount of $2,000 payable to said Westminster Bank, and delivered said order and said savings bank book to one Frank Del Deo. Said order was signed by said Angelina Iavazzo in her individual name and not as administratrix. On the same date said Frank Del Deo borrowed from said Westminster Bank the sum of $2,000, and delivered to said bank his negotiable promissory note in said amount payable to the order of said Westminster Bank upon demand, and as security therefor delivered to said bank the said order on said savings account. Thereafter said Westminster Bank went into liquidation, and on November 26, 1923, Ralph W. Bowen was appointed its liquidating agent, and came into possession of the assets of said Westminster Bank, amongst which were said promissory note, savings bank book, and order, which documents remained in the possession of said Bowen from that time until they were placed in evidence in this action.
According to the uncontradicted testimony of the plaintiff's witness, Mr. Cianciarulo, acting as attorney for the plaintiff, made a written demand for this savings bank book on the Rhode Island Hospital Trust Company some time during the first three months of the year 1924. This witness testified that Ralph W. Bowen then called him on the telephone and told him that he (Mr. Bowen)...
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