Davis v. Davis
New York Supreme Court
Appeal from judgment on report of referee. Action by Robert J. Davis and John C. Owens, as administrators of Ebenezer Davis, deceased, against Spencer Davis and the Savings Bank of Utica. A judgment was entered in favor of plaintiffs in Oneida county, and defendant Davis appeals.
1Opinion of the CourtMartin, J.
The purpose of this action was to secure a determination as to the title to certain moneys, deposited with the defendant the Savings Bank of Utica in the name of the defendant Davis. These moneys were claimed by the plaintiffs as the personal representatives of Ebenezer Davis, deceased, and were also claimed by the defendant Spencer Davis. The undisputed evidence shows that on the 10th day of January, 1876, the sum of $250 was deposited in the bank in the name of Spencer Davis, that the money thus de*478posited was handed to an officer of the bank by the defendant Davis, and that on April 1,…
2Cases cited12 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Decouche v. SavetierNew York Court of Chancery · 1817
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
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3Cited by2 opinions
- In re the Estate of RalphNew York Surrogate's Court · 1915
- Barnes v. CourtrightNew York Supreme Court · 1902