Mulcahey v. Emigrant Industrial Savings Bank
New York Court of Common Pleas
Upon the trial the following facts appeared, to wit, an account was opened with the defendant as follows: “ Dr. Emigrant Industrial Savings Bank in account with John O’Keefe or Ellen Mulcahey, O.” O’Keefe subsequently died and letters of administration were issued upon his estate to his widow, and upon presentation of these letters the defendant paid over the entire money on deposit to the administratrix so appointed.
Read the full summary
Upon the trial the following facts appeared, to wit, an account was opened with the defendant as follows: “ Dr. Emigrant Industrial Savings Bank in account with John O’Keefe or Ellen Mulcahey, O.” O’Keefe subsequently died and letters of administration were issued upon his estate to his widow, and upon presentation of these letters the defendant paid over the entire money on deposit to the administratrix so appointed. Ellen Mulcahey subsequently sued the defendant to recover the same moneys. Upon the trial before Mr. justice Van Brunt the defendant, after proof of the facts, moved to dismiss…
1Opinion of the CourtJ. F. Daly, J.
— As it is admitted by defendant that Ellen Mulcaliey and John O’Keefe were both present at the bank at the time of the deposit of the money which is the subject of this action, that fact, coupled with the opening of the account in the name of both in the manner hereinafter mentioned, is, in the absence of all proof to the contrary, sufficient evidence that the money was the joint property of the depositors, and that the deposit was a joint deposit.
During the life of both the moneys might have been paid to either as joint creditors of the bank. The recital in the pass-book, “ Dr. Emigrant…
2Cases cited1 opinion
- Record v. ChisumTexas Supreme Court · 1860