Willis v. . Smyth
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, iu the first judicial department, entered upon an order made the first Monday of October, 1881, which affirmed a judgment in favor of defendant Smyth, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court, iu the first judicial department, entered upon an order made the first Monday of October, 1881, which affirmed a judgment in favor of defendant Smyth, entered upon a decision of the court on trial without a jury. This action was brought to determine the title to a deposit made by Clarinda P. Urner, plaintiff’s intestate, with defendant the Seamen’s Savings Bank of the city of Hew York. . The court found substantially the following facts: On the 28th of June, 1850, said Clarinda P. Timer, the mother of the defendant, Sarah J. Smyth…
1Opinion of the CourtMiller, J.
W'e concur with the opinion of the Greneral Term that it is difficult to distinguish any difference of a material character between the circumstances arising in this case and those presented in the case of Martin v. Funk (75 BT. Y. 134). The opinion of the court in that case seems to cover the question which is presented in this case, and the decision here might well rest upon the authority of the case cited without comment. The counsel for fhe appellant claims that a distinction exists between that case and the one at bar, and that only a single question was there raised, which was that the…
2Cited by37 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Milholland v. WhalenCourt of Appeals of Maryland · 1899
- Farleigh v. . CadmanNew York Court of Appeals · 1899
- Jones v. NicholasSupreme Court of Iowa · 1911
- Robertson v. McCartyAppellate Division of the Supreme Court of the State of New York · 1900
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