Augsbury v. . Shurtliff
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered .February 15, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered .February 15, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The question whether there was any intention on the part of Sarah Ann Eoof to transfer title to the fund in the bank was one of fact, and should have been submitted to the jury. (Farleigh v. Cadman, 159 N. Y. 169; Matter of Bolin, 136 N. Y. 177; Mabie v. Bailey,…
1Opinion of the CourtHaight, J.
This action was brought to recover a savings bank pass book issued to Sarah Ann Eoof in her lifetime by the Jefferson County Savings Bank. The defendant was the administrator with the will annexed of John C. Boof, and claims the right to hold the pass book as the property of his testator.
John C. Boof and Sarah Ann Boof were husband and wife. They had both been married before, but neither had any children. They both had made deposits in the Jefferson County Savings Bank and a pass book bad been issued to each of them. Sarah Ann Boof liad a balance upon her book of $911.26, and John C. Boof had…
2Cases cited1 opinion
- Farmers' Loan & Trust Co. v. WilsonNew York Court of Appeals · 1893
3Cited by20 opinions
- Kelly v. . BeersNew York Court of Appeals · 1909
- Farmers' Loan & Trust Co. v. WinthropNew York Court of Appeals · 1924
- Commonwealth Trust Co. v. DuMontimerMissouri Court of Appeals · 1916
- In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
- Kelly v. Home Savings BankAppellate Division of the Supreme Court of the State of New York · 1905
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