Hessen v. McKinley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James A. McKinley, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York" on the 2d day of December, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
McLaughlin, J.:
Defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled and he appeals.
The facts set out in the complaint are, in substance, that the defendant, a maternal uncle of the plaintiff, on the 28th of December, 1905, opened an account in the North Kiver Savings Bank -by depositing the sum of five dollars to the credit of “ James A. McKinley in trust for Mary Hessen ” (this plaintiff) and received a pass book No. 92,Ml; that from time to time thereafter up to the 29th of January, 1908, other…
2Cases cited4 opinions
- Lacy v. . GetmanNew York Court of Appeals · 1890
- Tierney v. . FitzpatrickNew York Court of Appeals · 1909
- In re the Appraisal of Estate of PierceAppellate Division of the Supreme Court of the State of New York · 1909
- Tierney v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by8 opinions
- Siegel v. NovakDistrict Court of Appeal of Florida · 2006
- In re PetersenNew York Surrogate's Court · 1929
- Eredics v. Chase Manhattan Bank, N.A.New York Court of Appeals · 2003
- Tibbitts v. ZinkAppellate Division of the Supreme Court of the State of New York · 1931
- In Re the Estate of BeckNew York Court of Appeals · 1984
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