Legal Opinion

Horton v. County Federal Savings & Loan Ass'n

New York Supreme Court

Decided March 7, 1957Published

1Opinion of the CourtMarcus G. Christ, J.

This is a motion by plaintiff to strike out four counterclaims by third-party defendant as not properly interposable in the action.

The plaintiff husband abandoned his wife, the third-party defendant, in New York and procured a Florida divorce. The wife does not know the husband’s whereabouts. After his ■ departure the wife withdrew from their joint savings account in the defendant’s savings and loan association approximately $16,000. Plaintiff claims he had instructed the association to pay only on both signatures and sues it to recover one half of the original account. The counterclaims of…

2Cases cited2 opinions

  1. Psaty & Fuhrman, Inc. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1951
  2. Marrone v. John A. Johnson & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1954

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