Barker v. Harbeck
New York Supreme Court
Appeal from circuit court, Kings county; Edgar M. Cullen, Justice, ■ Action by Daniel Barker, as administrator of Harriet Barker, deceased, against John H. Harbeck, Henry Harbeck, and Thomas D. Robinson, executors of Elvira Harbeck, deceased. The defendants appeal from a judgment for plaintiff, and from the order denying motion for new trial.
1Opinion of the CourtBarnard, P. J.
In 1859, Elvira Harbeck deposited with the Bowery Savings-Bank $350. “for Henrietta Barker.” The law in respect to such deposits is now very well settled. Mrs. Harbeck either deposited Henrietta Barker’s money, or constituted herself a trustee of the fund by a completed gift of the money deposited. Martin v. Funk, 75 N. Y. 134; Mabie v. Bailey, 95 N. *426Y. 206; Young v. Young, 80 N. Y. 482. It is proven that after the deposit remained some years Mrs. Harbeck, the trustee, drew it out, and applied it to her own use. If the gift was complete when the trustee drew out the money, she held it as…
2Cases cited3 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Raubitschek v. . BlankNew York Court of Appeals · 1880
3Cited by6 opinions
- Hyde v. KitchenNew York Supreme Court · 1893
- In re George's EstateNew York Surrogate's Court · 1889
- In re the judicial settlement of the account of PearsonsNew York Surrogate's Court · 1889
- Wallace v. WatsonSupreme Court of Arkansas · 1919
- Herrmann v. Brighton German Bank Co.Ohio Superior Court, Cincinnati · 1914
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