Goodrich's Exr. v. Rutland Savings Bank
Supreme Court of Vermont
General Assumpsit against the Rutland Savings Bank to recover money deposited by plaintiff’s testatrix. H. Isabell Creaser, the testatrix’s daughter, and claimant of the fund, was made a party defendant, under P.- S. 4641. Plea, the general issue. Trial by jury at the March Term, 1906, Rutland County, Powers, J., presiding.
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General Assumpsit against the Rutland Savings Bank to recover money deposited by plaintiff’s testatrix. H. Isabell Creaser, the testatrix’s daughter, and claimant of the fund, was made a party defendant, under P.- S. 4641. Plea, the general issue. Trial by jury at the March Term, 1906, Rutland County, Powers, J., presiding. At the close of the claimant’s evidence, the plaintiff moved the court to direct a verdict in his favor, for that the evidence did not show a perfected gift, as the donor retained control of the subject-matter thereof. Motion granted. Claimant excepted. The opinion states…
1Opinion of the CourtWatson, J.
The only question is whether it was error to order a verdict for the plaintiff. It was contended by the claimant that her mother, the testatrix, gave her the money deposited in the Rutland Savings Bank, represented by deposit book No. 27899, reserving a right to the interest thereon during her lifetime, if at any time she should need it..
The evidence tended to show that the money was deposited in the bank sometime in the year of 1891, and that about the time of making the deposit the deposit book was given to the claimant by her mother to take care of and keep for her; that on January 25,…
2Cases cited10 opinions
- Tenbrook v. BrownIndiana Supreme Court · 1861
- Champney v. . BlanchardNew York Court of Appeals · 1868
- Blanchard v. SheldonSupreme Court of Vermont · 1871
- Wing v. MerchantSupreme Judicial Court of Maine · 1869
- Carradine v. Estate of CarradineMississippi Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rice v. Bennington County Savings BankSupreme Court of Vermont · 1920
- Grant Trust & Savings Co. v. TuckerIndiana Court of Appeals · 1911
- Fender v. FoustMontana Supreme Court · 1928
- Trask v. Walker's EstateSupreme Court of Vermont · 1926
- University of Vermont v. Wilbur's EstateSupreme Court of Vermont · 1933
6 more not listed; retrieve them via the Exa API.