Cook v. Shull
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Alfred W. Shull and Josiah Snell, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Montgomery on the 23d day of May, 1898, upon the decision of the court rendered after a trial at the Montgomery Trial Term before the court without a jury, except from so much of said judgment as dismisses the complaint as to the defendants other than themselves, with notice of an intention to bring up for review upon such…
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Appeal by the defendants, Alfred W. Shull and Josiah Snell, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Montgomery on the 23d day of May, 1898, upon the decision of the court rendered after a trial at the Montgomery Trial Term before the court without a jury, except from so much of said judgment as dismisses the complaint as to the defendants other than themselves, with notice of an intention to bring up for review upon such appeal an order made at the Washington Special Term, and entered in the office of the clerk of the county of Montgomery on…
1Opinion of the Court
Merwin, J.:
On the 10th of October, 1885, Clarissa'Cook deposited with the National Spraker Bank $5,400 in money and received from said bank a certificate of deposit reading as follows:
“ $5,400. National Speaker Bank,
“ Canajoharie, October 10th, 1885.
“ Mrs. Clarissa Cook has deposited in this bank five thousand four hundred dollars, payable in bank bills, to the order of herself, with interest at the rate of—-percent per annum, if left six months. No interest allowed on fractions of a month.
“WM. WILES,
“ Teller.”
Thereafter Mrs. Cook became of unsound mind, and in July, 1888, due proceedings…
2Cases cited2 opinions
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Sheldon v. HeatonNew York Supreme Court · 1895
3Cited by2 opinions
- Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1902
- Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1902