Hyde v. Kitchen
New York Supreme Court
Appeal from special term, New York county. Action originally brought by John H. Hyde against the Manhattan Savings Institution to recover money therein deposited by Maria Van Vleck, deceased, “in trust for” plaintiff.
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Appeal from special term, New York county. Action originally brought by John H. Hyde against the Manhattan Savings Institution to recover money therein deposited by Maria Van Vleck, deceased, “in trust for” plaintiff. George H. Kitchen and David T. Corde, named as executors in the will of said Maria Van Vleck, instituted interpleader proceedings, the result of which was that they were substituted as defendants in place of the savings institution, and it was directed to hold the money subject to the order of the court. Afterwards, John H. Hyde died, and Charles H. Hyde, his administrator, was…
1Opinion of the CourtBarrett, J.
The learned judge at special term found as a fact that in February, 1881, Maria Van Vleck deposited $170 in the Manhattan Savings Institution, in trust for the plaintiff’s intestate, John H. Hyde, who was her brother. This finding was based upon the undisputed testimony that at the time of the deposit a bank book was issued, and delivered to Mrs. Van Vleck, at her request, with the words, ‘Maria Van Vleck, in trust for John H. Hyde,” written upon the cover, ánd the words, “Maria Van Vleck, for John H. Hyde,” written within the cover. It also appeared that the ledger account, which was then…
2Cases cited5 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Martin v. . FunkNew York Court of Appeals · 1878
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Barker v. HarbeckNew York Supreme Court · 1888
- Weaver v. EmigrantNew York Supreme Court · 1885
3Cited by4 opinions
- McElroy v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
- Williams v. Brooklyn Savings BankAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of SmithNew York Surrogate's Court · 1903
- Miller v. Seamen's Bank for SavingsNew York Supreme Court · 1901