Legal Opinion

Lee v. Corn Exchange Bank Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 1945PublishedCited by 2 opinions

1Opinion of the CourtLewis, J.

This is an action by the sole surviving beneficiary of a testamentary trust to recover trust funds deposited by an executor with the defendant and thereafter converted to the personal use of the executor and the latter’s wife.

On June 23,1933, Arthur S. Johnson opened a personal bank account at the defendant’s Sutton Place branch. On June 7, 1934, a limited power of attorney drawn on a form furnished by the defendant and authorizing Johnson’s wife to draw checks on that account was filed with the defendant. Thereafter, in January, 1938, Johnson opened another account in the same branch, in the…

2Cases cited5 opinions

  1. Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
  2. Grace v. Corn Exchange Bank Trust Co.New York Court of Appeals · 1941
  3. Clarke v. Public National Bank & Trust Co.New York Court of Appeals · 1932
  4. Nicholson v. . Greeley Square Hotel Co.New York Court of Appeals · 1919
  5. Manufacturers Trust Co. v. United States Mortgage & Trust Co.New York Court of Appeals · 1926

3Cited by2 opinions

  1. American Home Assurance Co. v. Employers MutualAppellate Division of the Supreme Court of the State of New York · 1980
  2. Mason v. MasonAppellate Division of the Supreme Court of the State of New York · 1979

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