Dechen v. Dechen
Appellate Division of the Supreme Court of the State of New York
Appeal by the. plaintiff, Gilbert Dechen, an infant, by Katie ■ Dechen, Ms guardian ad litem, from a judgment of the Municipal •Court of the city of Rew York, borough of Richmond, first district, rendered on the 11th day of September, 1900, dismissing the complaint upon the ground that the Municipal Court did not have jurisdiction of the subject-matter of the action.
1Opinion of the Court
Sewell, J.:
This action was brought to recover the sum of $147.86 which, it is claimed, the defendant had and received for the use of the plaintiff. It is clear from the evidence in this case that the deposit made by the uncle of the plaintiff with the Rorthfield Building, Loan and Saving Association inured to the benefit of the plaintiff and vested in him the right to demand and receive the same.
The relation between the plaintiff and the association at the time the money was paid to the defendant was that of debtor and creditor (People v. Mechanics & Traders' Savings Inst., 92 N. Y. 7), and…
2Cases cited2 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- People v. Mechanics & Traders' Savings InstitutionNew York Court of Appeals · 1883
3Cited by10 opinions
- Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
- Cohen v. SmallAppellate Division of the Supreme Court of the State of New York · 1907
- Pache v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1904
- Harrington v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Laurent v. Williamsburgh Savings BankNew York Supreme Court · 1954
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