Kelly v. . Beers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 25, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought to establish plaintiff’s ownership of a deposit in the defendant Albany Savings Bank payable to her mother, Kate Y. Beers, or to the plaintiff or survivor.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered February 25, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought to establish plaintiff’s ownership of a deposit in the defendant Albany Savings Bank payable to her mother, Kate Y. Beers, or to the plaintiff or survivor. The facts, so far as material, are stated in the opinion. When testatrix delivered the written order or direction to the bank, and the bank in turn delivered to…
1Opinion of the CourtHiscock, J.
It was practically assumed on the argument that our decision in this case would be governed by the conclusions which we might reach in the Rome Savings Banh Case, decided at this term (ante, p. 49), and we think that this assumption was proper.
There seem to be only two particulars of any importance in which the evidence in this case differs from that produced in the other one.
In this case the form of the deposit, which originally stood in the name of Mrs. Beers alone, was on or about May 4, 1897, changed by adding words to the heading of the pass book and to the title upon the bank books…
2Cases cited3 opinions
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Scheps v. Bowery Savings BankAppellate Division of the Supreme Court of the State of New York · 1904
- Robinson v. ApplebyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by9 opinions
- In Re the Accounting of FenelonNew York Court of Appeals · 1933
- Stockert v. Dry Dock Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1913
- Moran v. FerchlandNew York Supreme Court · 1920
- Thomas v. Newburgh Savings BankNew York Supreme Court · 1911
- Guenther v. GuentherWisconsin Supreme Court · 1943
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