Wayne County & Home Savings Bank v. Smith
Michigan Supreme Court
Appeal from Wayne; Sharpe, J., presiding. Bill of interpleader by the Wayne County & Home Savings Bank against Kenzie G. Smith, administrator of the estate of Samida M. Lake, deceased, and Georgiana W. Coyle, executrix of the estate of Eliza Lake, deceased, to determine the title to a certain fund on deposit in plaintiff bank. From a decree for defendant Coyle, defendant Smith appeals.
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Appeal from Wayne; Sharpe, J., presiding. Bill of interpleader by the Wayne County & Home Savings Bank against Kenzie G. Smith, administrator of the estate of Samida M. Lake, deceased, and Georgiana W. Coyle, executrix of the estate of Eliza Lake, deceased, to determine the title to a certain fund on deposit in plaintiff bank. From a decree for defendant Coyle, defendant Smith appeals. An account was opened in the savings department of the Wayné County & Home Savings Bank by the deposit of $100 in the name of Eliza Lake. Thereafter sums aggregating $2,450 were deposited, and $400 was…
1Opinion of the CourtOstrander, J.
(after stating the facts). .Nothing can be predicated by either party upon what was said or was done with respect to the account after the death of Mrs. Lake. This ruling is not rested upon the alleged incompetency of any witness to testify, but upon the ground that no new contract was made by the bank after her death, and no particular existing contract was recognized by merely making the conditional change in the account upon the books of the bank. The rights of the parties must be determined as of the date of Mrs. Lake’s demise, in view of any evidence which tends to prove the contract…
2Cases cited1 opinion
- Davis v. Lenawee County Savings BankMichigan Supreme Court · 1884
3Cited by3 opinions
- GarlandSupreme Judicial Court of Maine · 1927
- Taylor v. TaylorMichigan Supreme Court · 1921
- Darst v. AweMichigan Supreme Court · 1926