Legal Opinion

Foley v. New York Savings Bank

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1913PublishedCited by 7 opinions

Appeal by the plaintiff, James Foley, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 7th day of February, 1913, reversing a judgment of the City Court of the City of New York in plaintiff’s favor.

1Opinion of the Court

Hotchkiss, J.:

The facts appearing at the trial were as follows: Plaintiff and one Murphy had been acquaintances for fourteen years previous to the latter’s death. Murphy died on May 17, 1912, at plaintiff’s house, where he had lived for eleven months previous to his death. On May 12, 1912, Murphy, apparently being then ill in bed, called plaintiff to his side and said: “I want you to go and get that man to come here and fix up this money matter; I want you to have it. * * * If I live, well *870and good, and if I do not, you can have it and see after me and bury me decently and have a Mass in…

2Cases cited2 opinions

  1. O'Connor v. Mechanics' BankNew York Court of Appeals · 1891
  2. McGuire v. MurphyAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by7 opinions

  1. Aycock v. BottomsSupreme Court of Arkansas · 1940
  2. In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
  3. Aubrey's Adm'x v. KentCourt of Appeals of Kentucky (pre-1976) · 1942
  4. Gratwick v. SmithAppellate Division of the Supreme Court of the State of New York · 1922
  5. Ahearn v. Bowery Savings BankAppellate Division of the Supreme Court of the State of New York · 1914

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