Hallenbeck v. Hallenbeck
New York Supreme Court
Action brought by the plaintiff to recover from the defendant, the Albany County Savings Bank moneys deposited to the following account: “ The Albany County Savings Bank in Account with Huldah Van Aernam or Huldah B. Hallenbeck, pay to either or the survivor of either.” The printed instrument which Huldah Van Aernam signed, referred to in the opinion, read as follows: 1 “ October 7th, 1897. “ The Treasurer of the Albany County Savings Bank.
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Action brought by the plaintiff to recover from the defendant, the Albany County Savings Bank moneys deposited to the following account: “ The Albany County Savings Bank in Account with Huldah Van Aernam or Huldah B. Hallenbeck, pay to either or the survivor of either.” The printed instrument which Huldah Van Aernam signed, referred to in the opinion, read as follows: 1 “ October 7th, 1897. “ The Treasurer of the Albany County Savings Bank. “ Will please add the name of my niece, Huldah. B. Hallenbeck, as owner and creditor with me of all moneys heretofore, or which may hereafter be,…
1Opinion of the CourtHerrick, J.
I attach no importance in this case to the language of the instrument signed by Mrs. Huldah Van Aernam, by which the bank was authorized to add the name of Huldah B. Hallenbeck as an owner and creditor with Mrs. Huldah Van Aernam of the moneys theretofore deposited by her in the defendant bank.
The evidence shows that upon visiting the bank, Mrs. Van Aernam requested the teller “ To add the name of her niece to the pass-book, so that either or the survivor of either could draw the moneys.” That he thereupon produced a printed form which contained the words “As owner and creditor with me,”…
2Cases cited2 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Kelly v. Home Savings BankNew York Supreme Court · 1904
3Cited by2 opinions
- Hallenbeck v. HallenbeckAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Estate of Mart E.New York Surrogate's Court · 1906