Tierney v. . Fitzpatrick
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1908, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in admitting the testimony of defendant’s husband as to certain declarations made by Lanncelot Tierney. (Scheps v. B. S. Bank, 97 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1908, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in admitting the testimony of defendant’s husband as to certain declarations made by Lanncelot Tierney. (Scheps v. B. S. Bank, 97 App. Div. 434; Kelly v. H. S. Bank, 103 App. Div. 141.) The testimony of Francis Fitzpatrick as to declarations made by Tierney to him was properly received.…
1Opinion of the CourtWillard Bartlett, J.
The principal issue litigated in this action was whether a tentative trust in favor of the plaintiff evidenced by the deposit of money in a savings bank by the defendant’s testator as trustee for the plaintiff had become irrevocable under the doctrine of Matter of Totten (179 N. Y. 112).
To show that it had never .been the intention of the defendant’s testator to establish any trust at all, the defendant was allowed, over the plaintiff’s objection and exception, to give evidence of declarations made by the depositor after the money had been placed in the savings bank to the effect that the…
2Cases cited4 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Wangner v. . GrimmNew York Court of Appeals · 1902
- Scheps v. Bowery Savings BankAppellate Division of the Supreme Court of the State of New York · 1904
- Kelly v. Home Savings BankAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by23 opinions
- Marrow v. MoskowitzNew York Court of Appeals · 1931
- Smith v. . KellerNew York Court of Appeals · 1912
- Walsh v. Emigrant Industrial Savings BankNew York Supreme Court · 1919
- Morris v. . SheehanNew York Court of Appeals · 1922
- Fender v. FoustMontana Supreme Court · 1928
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