Mulcahey v. . Emigrant Industrial Sav. Bank.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, in favor of plaintiffs, entered upon an order made February J, 1881, which overruled defendant’s exception and directed judgment on a verdict. This action was brought to recover the amount of certain deposits made with defendant, a savings bank. The material facts are stated in the opinion.
1Opinion of the Court
Andrews, Ch. J.
A verdict was directed for the plaintiff for the whole amount of the deposit made by her and O’Keefe, notwithstanding the payment of the same by the bank, before the commencement. of the action, to the administratrix of O’Keefe, on the ground that the legal title to the fund vested in the plaintiff, on the death of O’Keefe, as survivor, and that she alone was entitled to receive it. The account with the bank was opened in 1862, and the last deposit was made in 1871. Simultaneously with the first deposit, the usual savings bank pass-book, with rules printed thereon, was issued…
2Cited by12 opinions
- Denigan v. San Francisco Savings UnionCalifornia Supreme Court · 1899
- Wetherow v. LordAppellate Division of the Supreme Court of the State of New York · 1899
- Loker v. EdmansAppellate Division of the Supreme Court of the State of New York · 1923
- In Re the Accounting of BarefieldNew York Court of Appeals · 1904
- Grafing v. Irving Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1902
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