Legal Opinion

Wingrove v. German Savings Bank

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

Decided March 15, 1896PublishedCited by 3 opinions

Appeal by the plaintiff, Louise Wingrove, née Unger, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of January, 1896, adding to an order made at another Special Term held by a different judge, a provision to the effect that plaintiff deposit the pass book mentioned in her complaint with the' clerk of the court within two days after the service of a copy of such order as…

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Appeal by the plaintiff, Louise Wingrove, née Unger, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of January, 1896, adding to an order made at another Special Term held by a different judge, a provision to the effect that plaintiff deposit the pass book mentioned in her complaint with the' clerk of the court within two days after the service of a copy of such order as amended.

1Opinion of the Court

Van Brunt, P. J.:

This action was brought to recover the amount of a deposit alleged to have been made by one Henry Gebhard, deceased, in the defendant’s bank in the name of “ Henry Gebhard, in trust for Louise Unger,” a pass book for which was issued by the-defendant. After Gebhard’s death the plaintiff demanded of the defendant the *480amount of the deposit.' So did the administrator of the estate of Gebhard, .the said estate being insolvent. • Upon these facts the defendant made a motion for an order to substitute the administrator of Gebhard as defendant in the action, and to discharge the…

2Cited by3 opinions

  1. Ruland v. TuthillAppellate Division of the Supreme Court of the State of New York · 1919
  2. In re the Estate of BartlettNew York Surrogate's Court · 1937
  3. Lawrence v. CowperthwaitNew York Supreme Court · 1934

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