Scanlan v. Meehan

The appeal is from an order dismissing the complaint for insufficiency upon a motion made at the trial, and from the judgment entered thereon. The complaint in substance alleges that Patrick B. Lane deposited $5,000 of his own money in the Syracuse Savings Bank in the joint name of himself and defendant, either or survivor to draw; that the deposit was made in that form, not as a gift but for convenience only; that defendant fraudulently and without Lane’s knowledge and consent drew the money out of the bank, appropriated it to his own use and refused to return it. The action was brought by…