Jenkins v. Baker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David Jenkins, from a judgment of the Supreme Court in favor of the defendant, Henrietta L. Baker, individually and as executrix, etc., of Emeline Jenkins, deceased, entered in the office of the clerk of the county of Kings on the 22d day of October, 1901, upon the decision of the court rendered after a trial at the Kings County Special Term, and also from an order-entered in said clerk’s office on the 22d day of October, 1901, denying the…
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Appeal by the plaintiff, David Jenkins, from a judgment of the Supreme Court in favor of the defendant, Henrietta L. Baker, individually and as executrix, etc., of Emeline Jenkins, deceased, entered in the office of the clerk of the county of Kings on the 22d day of October, 1901, upon the decision of the court rendered after a trial at the Kings County Special Term, and also from an order-entered in said clerk’s office on the 22d day of October, 1901, denying the plaintiff’s motion for a new trial,
1Opinion of the Court
Jenks, J.:
The Special Term gave judgment for the defendant. In the opinion denying the motion for a new trial the learned justice wrote that he was not satisfied with the decision filed, but that he did not see how he could change it. He summarizes the facts as follows: “ The wife of the plaintiff opened an account in a savings bank in her own name, in trust for him, in October, 1899, and deposited to the said account sums which, with interest, aggregated $1,397.56. In May, 1900, she drew out all of the said account and gave $650 thereof to her daughter, the defendant Baker. She died in July,…
2Cases cited10 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Martin v. . FunkNew York Court of Appeals · 1878
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Cunningham v. . DavenportNew York Court of Appeals · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Judicial Settlement of the Account of TottenAppellate Division of the Supreme Court of the State of New York · 1903
- Jenkins v. BakerAppellate Division of the Supreme Court of the State of New York · 1904
- Dickie v. AdamsNew York Supreme Court · 1903
- Herrmann v. Brighton German Bank Co.Ohio Superior Court, Cincinnati · 1914
- Lattan v. TottenNew York Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.