Legal Opinion
Devlin v. Greenwich Savings Bank
New York Court of Appeals
Decided February 24, 1891PublishedCited by 9 opinions
Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made March 5,1890, which reversed a judgment in favor of defendant entered upon the report of a referee. This action was brought to recover a deposit with the corporation defendant to the credit of one Henry Fitzsimmons, the bank-book for which plaintiff, a niece of the depositor, claimed he had given to her as a donatio causa mortis.
1Opinion of the Court
The following are extracts from the opinion:
“The General Term of the New York Common Pleas reversed the judgment herein entered in favor of the defendant upon the report of the referee, upon the facts as well as upon' the law and granted a new trial. The defendant appealed to this court from such order. In such case, we must review the determination of the General Term upon the questions of fact as well as the questions of law, (Beebe v. Mead, 33 N. Y. 587; Code of Civil Pro. § 1338.) The principles upon which such review of- the facts is. entered upon here have been lately stated in the cage…
2Cases cited5 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Grey v. . GreyNew York Court of Appeals · 1872
- Crane v. . BaudouineNew York Court of Appeals · 1873
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
- Beebe v. . MeadNew York Court of Appeals · 1865
3Cited by9 opinions
- Hastings v. Brooklyn Life InsuranceNew York Court of Appeals · 1893
- Sanger v. . FrenchNew York Court of Appeals · 1898
- Tilford v. Bank for SavingsAppellate Division of the Supreme Court of the State of New York · 1898
- Wilbur v. CollinAppellate Division of the Supreme Court of the State of New York · 1896
- Podmore v. Dime Savings BankNew York Supreme Court · 1899
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