Roderigas v. . East River Savings Institution
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, reversing a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 11 J. & S. 217.) This action was brought to recover the amount of deposits made by plaintiff in defendant’s bank. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of New York, reversing a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 11 J. & S. 217.) This action was brought to recover the amount of deposits made by plaintiff in defendant’s bank. The facts appear sufficiently in the opinion. Evidence that the surrogate did not, in person, pass upon the application for letters, should have been excluded. (Savacool v. Boughton, 5 Wend., 170; Stanton v. Schell, 3 Sandf., 323; Chegaray v. Jenkins, 1 Seld., 376.) The…
1Opinion of the Court
Church, Ch. J.
In another action brought by the same plaintiff as administratrix of her husband’s estate against this same defendant, this court held that the payment by the defendant to Isabella McNeil who had been appointed administratrix of tho estate of tho husband, was a bar to the action although it appeared that at the time the letters were issued, he was alive. (63 N. Y., 460.) In this case the defendant sets up in bar, the payment of the moneys claimed by the plaintiff, to Mrs. McNeil, who presented similar letters, purporting to have been issued by the surrogate of New York, upon the…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Griffith v. FrazierSupreme Court of the United States · 1814
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Keeler v. Frost & WordenNew York Supreme Court · 1856
3Cited by42 opinions
- Scott v. McNealSupreme Court of the United States · 1894
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Bolton v. . SchrieverNew York Court of Appeals · 1892
- In Re the Estate of KillanNew York Court of Appeals · 1902
- Thomas v. People ex rel. JoinerIllinois Supreme Court · 1883
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