Farrelly v. Emigrant Industrial Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Farrelly, as temporary administrator, etc., of Frank J. Smith, an absentee, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 18th day of November, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint and adjudging the defendant administrator to be entitled to a certain fund on deposit in the…
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Appeal by the plaintiff, Thomas Farrelly, as temporary administrator, etc., of Frank J. Smith, an absentee, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 18th day of November, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint and adjudging the defendant administrator to be entitled to a certain fund on deposit in the defendant bank.,
1Opinion of the Court
Hatch, J.:
This action was brought to determine the ownership of a fund deposited .in the defendant savings bank by Margaret Smith. The *530account appears to have been opened in her name on the 13th day of October, 1874, upon which date a deposit was made of $1,900, and a passbook issued to her. She thereafter appears to have, made deposits in various amounts in the account down to about July 24* 1880, when the passbook was changed at her instance so as to read, “ in account with Margaret Smith or son Frank J.” Several deposits were made thereafter, the last of which was under date of January 6,…
2Cases cited3 opinions
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- McElroy v. National Savings Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1896
- Mack v. Mechanics' & Farmers' Sav. BankNew York Supreme Court · 1888
3Cited by19 opinions
- Kelly v. . BeersNew York Court of Appeals · 1909
- Kennedy v. McMurrayCalifornia Supreme Court · 1915
- West v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1908
- Beach v. HollandOregon Supreme Court · 1943
- In re the Appraisal of the Estate of TilleyAppellate Division of the Supreme Court of the State of New York · 1915
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