Clary v. Fitzgerald
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Katherine Fitzgerald, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 30th day of May, 1912, upon the verdict of a jury, and also from an order bearing date the 30th day of May, 1912, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Robson, J.:
On and for some time prior to May 23, 1911, plaintiff’s intestate, Katherine Connelly, had a deposit in her own name in the Onondaga County Savings Bank, which then amounted to $1,578.71. On that day, at her request, the defendant Katherine Fitzgerald, her niece, went with her to the bank, where she withdrew the entire amount so standing to her credit, and retaining therefrom the sum of $100, immediately redeposited in the bank the balance of $1,478.71 in a new *660account, for which a pass book was issued by the bank, in which appears the following entry thereof:
“Dr. Onondaga Oounty…
2Cases cited7 opinions
- Overheiser v. . LackeyNew York Court of Appeals · 1913
- Kelly v. . BeersNew York Court of Appeals · 1909
- Foley v. . Royal ArcanumNew York Court of Appeals · 1896
- In re the Judicial Settlement of the Accounts of MeehanAppellate Division of the Supreme Court of the State of New York · 1901
- Bonnette v. MolloyAppellate Division of the Supreme Court of the State of New York · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Moskowitz v. MarrowNew York Court of Appeals · 1929
- Wallace v. RileyCalifornia Court of Appeal · 1937
- Wallace v. RileyCalifornia Court of Appeal · 1937
- Bloss v. SchreiterMichigan Supreme Court · 1917
- In re the Estate of FilfileyNew York Surrogate's Court · 1970
29 more not listed; retrieve them via the Exa API.