Question 260.— Can a depositor under the influence of liquor legally draw his money out of his savings bank account ?

Has such a depositor any ground for action against the bank for refusing to give the money?

Answer.—This is a very difficult question to answer. If a depositor were so much under the influence of liquor as to be quite incapable of understanding what he was doing, the bank would probably not be discharged by his signature to a receipt for money paid to him in that condition. If, however, he was but slightly under the influence, and quite sensible of what he was doing, the bank could not refuse.

Whether the depositor would have a ground of action against the bank for refusing to give the money would depend entirely on the above points. If the bank was justified in refusing because of his unfitness to transact business, he would have no claim. If, however, they made the mistake of refusing when, notwithstanding his being under the influence of liquor, he was quite capable of transacting business, the bank would probably be liable for damages.