Boone v. Citizens' Savings Bank
New York Court of Appeals
Appeal from .judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 11, 1880, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. (Reported below, 21 Hun, 235.) • This action was brought by plaintiff, as administratrix of Christopher Boone, to recover the amount of a deposit with defendant, a savings bank.
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Appeal from .judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 11, 1880, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. (Reported below, 21 Hun, 235.) • This action was brought by plaintiff, as administratrix of Christopher Boone, to recover the amount of a deposit with defendant, a savings bank. The facts found are substantially these: On March 23, 1866, Susan Boone deposited with the defendant the sum of $500, and received in acknowledgment therefor a pass-book…
1Opinion of the CourtFinch, J.
The case of Martin v. Funk (75 N. Y. 134) determined that the deposit made with the defendant by Susan Boone constituted her a trustee for Christopher Boone, and transferred the title to the fund from her as an individual to her as a trustee. It further determined that in an action by the beneficiary against the administrator of the trustee, and the depositary, the oestui que trust was entitled to a delivery of the pass-book, which constituted the voucher for the deposit, and to receive the money from the bank. It did not, however, decide .the question presented here, whether a payment by the…
2Cases cited4 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Allen v. . Williamsburgh Savings BankNew York Court of Appeals · 1877
- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
- Howland v. Union Theological Seminary & BayleyThe Superior Court of New York City · 1849
3Cited by29 opinions
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Matter of RunkNew York Court of Appeals · 1911
- Schluter v. . Bowery Savings BankNew York Court of Appeals · 1889
- Smith v. . Brooklyn Savings BankNew York Court of Appeals · 1885
- Wetmore v. . HegemanNew York Court of Appeals · 1882
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