Fowler v. . Bowery Savings Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ‘Court in the second judicial department, entered upon an ■order made February 13, 1888, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The relation between a bank and its depositor is simply that of debtor and creditor. (People v. M. & T. Sav.
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Appeal from judgment of the General Term of the Supreme ‘Court in the second judicial department, entered upon an ■order made February 13, 1888, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The relation between a bank and its depositor is simply that of debtor and creditor. (People v. M. & T. Sav. Inst., 92 N. Y. 7; Laws 1834, chap. 229, § 6; Laws 1875, chap. 371, §23: Laws 1882, chap. 409, § 257.) Mrs. White or her executor was not entitled to payment…
1Opinion of the CourtEarl, J.
On the 15th day of November, 1871, John White, the husband of Elizabeth White, deposited with the defendant, in trust for his wife, the sum of $805.93, and the deposit was entered upon a pass-book, which was delivered to him, in this way: “ Bowery Savings Bank in account with John White •for Elizabeth White. ” This deposit remained in the bank during the lifetime of John White, who died November 13, 1882, leaving a will wherein he appointed John D. Flynn his executor. The will was admitted to probate and letters testamentary were granted to Flynn on the 23d day of January, '1883. Elizabeth…
2Cases cited11 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Morris v. . RexfordNew York Court of Appeals · 1859
- Cobb v. . KnappNew York Court of Appeals · 1877
- Rodermund v. . ClarkNew York Court of Appeals · 1871
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3Cited by115 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
- City of Tulsa v. WellsSupreme Court of Oklahoma · 1920
- Russell v. . McCallNew York Court of Appeals · 1894
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