Mierke v. Jefferson County Savings Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 15, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint is sufficient; the proof offered by the plaintiff was entirely competent under the -pleadings.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 15, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint is sufficient; the proof offered by the plaintiff was entirely competent under the -pleadings. (People v. Mechanics & Traders’ Sav. Inst., 92 N. Y. 7; Fowler v. Bowery Sav. Bank, 113 N. Y. 450; People ex rel. Sav. Bank v. Berker, 154 N. Y.…
1Opinion of the CourtWerner, J.
The defendant is a savings hank, in which plaintiff’s intestate at the time of her death had money on deposit. The plaintiff’s husband and administrator, being unable to find the pass book issued to her by the defendant evidencing the deposit, notified the officers of the bank and requested payment to him of the amount credited to the decedent’s account. The defendant’s officers refused payment unless plaintiff should give a bond of indemnity against loss. This the plaintiff refused to do, and he brought this action to recover the deposit.
The case was tried before the court without a jury,…
2Cases cited3 opinions
- People v. Mechanics & Traders' Savings InstitutionNew York Court of Appeals · 1883
- Zander v. New York Security & Trust Co.New York Court of Appeals · 1904
- Warhus v. . Bowery Savings BankNew York Court of Appeals · 1860
3Cited by13 opinions
- Myers v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1946
- Krupp v. Franklin Savings BankAppellate Division of the Supreme Court of the State of New York · 1938
- Clark v. YoungSupreme Court of Alabama · 1944
- Romero v. SjobergNew York Court of Appeals · 1959
- Bank of United States v. Public BankNew York Supreme Court · 1915
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