Quinn v. Bank for Savings
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Bridget Quinn against the Bank for Savings of the City of New York. From an order of the City Court granting defendant’s application to have the administrator of one Mary Houlihan, deceased, made a party defendant, plaintiff appeals. Affirmed.
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Appeal from City Court of New York, Special Term. Action by Bridget Quinn against the Bank for Savings of the City of New York. From an order of the City Court granting defendant’s application to have the administrator of one Mary Houlihan, deceased, made a party defendant, plaintiff appeals. Affirmed. Plaintiff sued to recover the amount of a savings deposit in defendant bank, which had originally been opened in the name of Mary Houlihan, claiming that the latter had given the deposit to plaintiff prior to the depositor’s death. A demand was also made on the bank for the same fund before the…
1Opinion of the CourtFreedman, P. J.
The order appealed from was properly made, upon sufficient facts disclosed, under chapter 689 of the Laws of 1892, p. 1842, and the decisions of Mahro v. Greenwich Savings Bank, 16 Misc. Rep. 537, 40 N. Y. Supp. 29, and McGuire v. Auburn Savings Bank, 78 App. Div. 22, 79 N. Y. Supp. 91. The answer of the savings bank, made to escape a default, did not, under the banking law, affect its right to have the claimant brought in as a party defendant. Zabriskie v. New York Savings Bank, Daily Reg. April 30, 1881, per Barrett, J. The exercise of the discretion of the court in directing the surrender…
2Cases cited4 opinions
- McGuire v. Auburn Savings BankAppellate Division of the Supreme Court of the State of New York · 1902
- Mahro v. Greenwich Savings BankAppellate Terms of the Supreme Court of New York · 1896
- Faivre v. Union Dime Savings InstitutionThe Superior Court of the City of New York and Buffalo · 1891
- McGuire v. Auburn Savings BankAppellate Division of the Supreme Court of the State of New York · 1902