Murphy v. Franklin Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Franklin Savings Bank in the City of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 15th day of December, 1908, upon the report of a referee appointed to hear, try and determine the issues.
1Dissent
Houghton, J. (dissenting):
I think this action is properly brought, and that the order of publication against Patrick Murphy properly dispensed with mailing of notice to him.
It is undisputed that at the time the plaintiff was married to the defendant Patrick she had on deposit with the defendant savings bank $1,263 of the money now on deposit, and that she herself made all the deposits from her own money thereafter. It stands, therefore, upon the undisputed proof that notwithstanding the form of the deposit she is the owner of all the money, and that she at all times has been in sole…
2Cases cited9 opinions
- Kelly v. . BeersNew York Court of Appeals · 1909
- Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
- Belmont v. . CornenNew York Court of Appeals · 1880
- Chesley v. MortonAppellate Division of the Supreme Court of the State of New York · 1896
- Kennedy v. . LambNew York Court of Appeals · 1905
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