Martin v. Martin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Martin, from a judgment of the Supreme Court in favor of the' plaintiff, entered in the office of the clerk of the county of Monroe cm the 19th day of June, 1899, "upon the decision of the court rendered after á trial' at the Monroe Special Term. James Martin was a depositor in the Monroe County Savings Bank, and in January, 1896,, had five distinct accounts with, the hank.
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Appeal by the defendant, William Martin, from a judgment of the Supreme Court in favor of the' plaintiff, entered in the office of the clerk of the county of Monroe cm the 19th day of June, 1899, "upon the decision of the court rendered after á trial' at the Monroe Special Term. James Martin was a depositor in the Monroe County Savings Bank, and in January, 1896,, had five distinct accounts with, the hank. Its secretary and treasurer advised him he was in excess of the $3,000 limit, and Mr. Martin called to change the accounts. He suggested that an account to the extent of $2,000 be placed in…
1Opinion of the Court
Spring, J.:
The evidence shows very clearly that James Martin intended that the deposit of $2,000 should be the property of his nephew-William, The change in the form of his deposit was' made under : stress, because the bank would not permit him to carry so large a sum to *447his credit, or of which he was the owner. But when the old gentleman was obliged to meet this requirement of the bank he evidently concluded to comply with it by making a definite provision for William, who was the son of the brother Mr. Martin selected for his executor.
• No precise form of words is necessary to constitute a…
2Cases cited7 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Cunningham v. . DavenportNew York Court of Appeals · 1895
- Willis v. . SmythNew York Court of Appeals · 1883
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3Cited by2 opinions
- Bryant v. AllenAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the Accounts of HammerNew York Surrogate's Court · 1918