McGuire v. Auburn Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret McGuire, from an order of the Supreme Court, made at the Cayuga Special Term and entered in the office of the clerk of the county of Seneca on the 18th day of July, 1902, directing that John A. Murphy, as administrator, etc., of Mary Murphy, deceased, be substituted in the place of the Auburn Savings Bank as party defendant in the action, and that the said bank hold the funds in suit to await the determination of the court as to the…
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Appeal by the plaintiff, Margaret McGuire, from an order of the Supreme Court, made at the Cayuga Special Term and entered in the office of the clerk of the county of Seneca on the 18th day of July, 1902, directing that John A. Murphy, as administrator, etc., of Mary Murphy, deceased, be substituted in the place of the Auburn Savings Bank as party defendant in the action, and that the said bank hold the funds in suit to await the determination of the court as to the ownership thereof.
1Opinion of the Court
Williams, J.:
The order should be affirmed, with ten dollars costs and disbursements.
The action was to recover the amount of a deposit made by Mary Murphy, who is deceased, in the defendant savings bank. The deceased died December 20, 1900. On that day some person presented to the bank the pass book of deceased with an order purporting to have been signed by her for the payment of the fund to one Bridget LaFleur, and requested the transfer of the fund to the account of LaFleur, and the bank thereupon made the transfer. The plaintiff claims that the order was signed by deceased, and delivered…
2Cases cited1 opinion
- People ex rel. Eden Musee American Co. v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- McGuire v. MurphyAppellate Division of the Supreme Court of the State of New York · 1905
- Community Volunteer Fire Co. v. City National BankNew York Supreme Court · 1939
- Back v. Bowery Savings BankCity of New York Municipal Court · 1937
- Gifford v. Oneida Savings BankAppellate Division of the Supreme Court of the State of New York · 1904
- Quinn v. Bank for SavingsAppellate Terms of the Supreme Court of New York · 1904