Mars v. Albany Savings Bank
New York Supreme Court
Appeal from special term, Albany county. Action by Louise F. Mars, administratrix of John H. Mars, deceased, against the Albany Savings Bank, to recover a deposit. From' an order denying a motion for the substitution of parties defendant, defendant appeals.
1Opinion of the CourtMayham, P. J.
We fail to see that the material facts on this motion differ in any essential particular from those presented on the former motion in this case. The presentation to the defendant of what purported to be copies of orders purporting to have been made by the testator, unaccompanied by any originals or the original pass book, and the hearsay account of the attorney for Stanley and Judge of the alleged deposit of the order and pass book with Mary Gordon, carries with it very little weight, and furnishes no evidence on which either the defendant or the court is authorized to presume a gift by the…
2Cases cited1 opinion
- Feldman v. Grand Lodge A. O. U. W.New York Supreme Court · 1892
3Cited by1 opinion
- Schell v. LoweNew York Supreme Court · 1894