Facts
Mrs. X., the wife of Mr. X., who died accidentally in 1961, filed a damages claim against the Swiss Credit and Deposit Bank (BSCD) following the withdrawal by Mrs. Ursula [K.], Mr. X.'s mistress and the mother of two of his children, of the securities deposited in an account opened in the latter's name. The Commercial Court of the Canton of Zurich dismissed the claim, considering that the bank had acted in accordance with the contracts concluded with Mrs. [K.] and had not committed any fault.
Mr. X., a senior executive of an American chemical company, had in 1958 had an account and a deposit opened in the name of Mrs. [K.], transferring securities from his own deposit to it. After his death, his heirs revoked the powers of attorney he had given to third parties over these accounts. The bank then handed over the securities to Mrs. [K.], in accordance with the deposit contract concluded with her.
Considerations
The Federal Tribunal considers that the bank correctly executed the mandate entrusted to it by Mr. X. in 1958, by opening an account and a deposit in the name of Mrs. [K.] and concluding a deposit contract with her. As Mr. X. had expressly granted Mrs. K.…