Legal Opinion

McElroy v. Albany Savings Bank

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 22 opinions

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Putnam, J.:

James C. Bell, deceased, made the following deposits in the Albany Savings Bank : April 3,1891, §2,000 ; June 21,1891, §500; February 1, 1892, §500.

The entry in the pass book which he received from the bank, relating to said deposits, was as follows: “Albany Savings Bank in account with Mrs. Alida P. Bell, or James C. Bell, her husband, or the survivor of them.”

James C. Bell died on the 9th day of March, 1895, leaving a last will and testament, and the plaintiffs, named therein as executor and executrix, afterwards duly qualified as such. Alida P. Bell died intestate on the 2d day…

2Cases cited9 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Martin v. . FunkNew York Court of Appeals · 1878
  3. Sanford v. . SanfordNew York Court of Appeals · 1871
  4. Lowery v. . ErskineNew York Court of Appeals · 1889
  5. Fowler v. . ButterlyNew York Court of Appeals · 1879

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Cleveland Trust Co. v. ScobieOhio Supreme Court · 1926
  2. West v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1908
  3. In re the Judicial Settlement of the Account of KaupperAppellate Division of the Supreme Court of the State of New York · 1910
  4. Bloss v. SchreiterMichigan Supreme Court · 1917
  5. Benzon v. JohnsonNebraska Supreme Court · 1928

17 more not listed; retrieve them via the Exa API.

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