Mahon v. South Brooklyn Savings Institution
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 21, 1901, affirming a judgment in favor of plaintiff entered upon a decision of 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 exercise of diligence cannot protect the bank in view of its knowledge of the depositor’s death.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 21, 1901, affirming a judgment in favor of plaintiff entered upon a decision of 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 exercise of diligence cannot protect the bank in view of its knowledge of the depositor’s death. (L. 1882, ch. 409, § 257; Farmer v. M. S. Inst., 60 Hun, 462; Fowler v. B. S. Bank, 113 N. Y. 450.)
1Opinion of the CourtWerner, J.
This action was originally brought by the legal representative of one Ann Caldwell, deceased, who, in her lifetime, had been a depositor in the defendant savings bank, to recover the sum of five hundred dollars, which, at the time of the depositor’s death, a¡3peared to her credit upon the books of the bank. The present plaintiff is the executrix of the original plaintiff, who, as the husband of the deceased depositor, procured letters of administration upon her estate and then brought this action. After the trial and during the pendency of this appeal, the original plaintiff died and the…
2Cases cited2 opinions
- Reed v. . McCordNew York Court of Appeals · 1899
- Podmore v. South Brooklyn Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by13 opinions
- Noah v. . Bowery Savings BankNew York Court of Appeals · 1919
- Kelley v. . Buffalo Savings BankNew York Court of Appeals · 1904
- Glennan v. Rochester Trust & Safe Deposit Co.New York Court of Appeals · 1913
- Ornbaun v. First National Bank of CloverdaleCalifornia Supreme Court · 1932
- Scheffer v. Erie County Savings BankNew York Court of Appeals · 1920
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