Roderigas v. . East River Savings Institution
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to recover a deoosit made in defendant’s bank by James Devine, plaintiff’s intestate. The facts sufficiently appear in the opinion of Earl, J. The administratrix was authorized to demand the deposit of defendant, and her receipt was a valid discharge.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to recover a deoosit made in defendant’s bank by James Devine, plaintiff’s intestate. The facts sufficiently appear in the opinion of Earl, J. The administratrix was authorized to demand the deposit of defendant, and her receipt was a valid discharge. (2 R. S., 74 [m. p.], § 26 ; id., 80, § 57; id., 79, § 47; id., 78,. § 46 ; Wms. on Exrs., 492; Prosser v. Wagner, 1 C. B. [N. S.],…
1Opinion of the Court
On the 1st day of October, 1857, the intestate, James Devine, deposited with the defendant, a savings bank in the city of New York, the sum of $485, and soon thereafter went to the Island of Cuba with his wife, the present plaintiff, to reside, leaving his wife's mother, Isabella McNeil, residing in the city of New York. Neither James Devine nor his wife having returned to New York in April, 1869, Mrs. McNeil applied to the surrogate of New York for letters of administration upon his estate, upon sufficient formal proof that he had died intestate, leaving assets in the county of New York, and…
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