Podmore v. Dime Savings Bank
New York Supreme Court
Action to recover the amount of money had on deposit with the defendant by the decedent at her death. The defendant pleaded as a defense that the decedent made a gift causa mortis of the said deposit to Bridget Reilly and that the defendant paid the same to the said Bridget Reilly. At the close of the testimony both sides moved for a direction of a verdict which the court took under advisement.
1Opinion of the Court
Gaynor, J.:
The defense of the gift causa mortis is not made out. The evidence is only this: The alleged donee produces the deposit book and testifies she had it in her possession before the decedent’s death. Another witness testifies that she saw the decedent in her last sickness take from a bag in the sickroom a number of bank books and hand them to the alleged donee, saying: 4‘I am a sick woman and I know I am going to die. You take these and bury me with this and what is left is yours.” The witness did not see the bank books sufficiently to identify them or know how many there were.…
2Cases cited1 opinion
- Devlin v. Greenwich Savings BankNew York Court of Appeals · 1891
3Cited by6 opinions
- In re BucklerAppellate Division of the Supreme Court of the State of New York · 1929
- Podmore v. South Brooklyn Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1900
- Hecht v. ShafferWyoming Supreme Court · 1906
- In re the Estate of GrammNew York Surrogate's Court · 1935
- Danzinger v. Seamen's Bank for SavingsCity of New York Municipal Court · 1914
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