Washington v. . Bank for Savings
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Hovember 20, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Hovember 20, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. If Margaret Hunter had sons, Thomas and John, when the accounts were opened, and they are now alive, the moneys in question belong to them; if they are dead, the moneys belong to their personal representatives. And the fact that they may have died after the accounts…
1Opinion of the CourtO’Brien, J.
The legal question involved in this appeal is whether an old and established rule of evidence is applicable to a state of facts somewhat novel and peculiar. In the month of February, 1895, one Margaret Hunter, an old lady between 75 and. 80 years of age, was found dead in the house where she had lived for 27 or 28 years in the city of Newark, N. J. It appears that she had lived alone in the house for several years prior to her death. During the latter years of her life she was in feeble health and apparently in very poor circumstances, if not in actual want. The plaintiff, who was the county…
2Cases cited5 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Young v. . ShulenbergNew York Court of Appeals · 1901
- Clark v. . OwensNew York Court of Appeals · 1858
- Russell v. Jackson ex dem. SchuylerCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by26 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- In re the Estate of CallahanNew York Surrogate's Court · 1931
- Welch v. All PersonsMontana Supreme Court · 1929
- Farmers' Loan & Trust Co. v. WagstaffAppellate Division of the Supreme Court of the State of New York · 1921
- United States v. Mid-Continent Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
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