Rivenburgh v. First National Bank of Middleburgh
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Scoharie County. Action by Frederick Rivenburgh against the First National Bank' of Middleburgh. From a judgment for defendant, plaintiff appeals. Reversed. Upon the 5th day of March, 1904, John D. King was sick at the house of the plaintiff, where upon the 24th day of March thereafter he died.
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Appeal from Special Term, Scoharie County. Action by Frederick Rivenburgh against the First National Bank' of Middleburgh. From a judgment for defendant, plaintiff appeals. Reversed. Upon the 5th day of March, 1904, John D. King was sick at the house of the plaintiff, where upon the 24th day of March thereafter he died. Upon said 5th day of March he executed and delivered to one Safford a paper, of which the following is a copy: “Gilboa, March 5, 1904. “In the year of our Lord, nineteen hundred and four, I, John D. King, do-give all my property, goods and chattels, with one hundred and thirty…
1Opinion of the CourtSmith, J.
The certificates of deposit sued upon are in the usual form, reciting that King had deposited in the bank $100 or $30, payable to the order of himself on return of certificate properly indorsed. If these certificates have been assigned to plaintiff, though without the indorsement of King, upon proof of the assignment and upon his own indorsement the plaintiff would seem to be entitled to recover. Savage v. Brevier, 12 How. Prac. 166; Negotiable Instruments Law (section 79, c. 712, p. 731, Laws 1897).
It is not necessary here to decide whether the delivery of this instrument to Safford…
2Cases cited1 opinion
- Savage v. BevierNew York Court of Common Pleas · 1856