Tilford v. Bank for Savings
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John McElwee, individually, and John McElwee, interpleaded, as administrator of the estate of John McElwee, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of July, 1897, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Hatch, J.:
Hpon the trial the court found that there was a valid gift to the plaintiff, causa mortis, by the delivery of the bank book representing the moneys on deposit in the bank issuing the same. The court made a general decision without stating separately the facts found. Hnder the exception filed to such decision we are required to review all questions of fact and law presented by the record. (Code Civ. Proc. § 1022.) The rule of law which governs the disposition of cases involving gifts i/nter vivos and causa mortis, so far as cogency of proof is concerned, is somewhat different from…
2Cases cited7 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Grymes v. . HoneNew York Court of Appeals · 1872
- Grey v. . GreyNew York Court of Appeals · 1872
- Curry v. . PowersNew York Court of Appeals · 1877
- Doty v. . WillsonNew York Court of Appeals · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ascherman v. San Francisco Medical SocietyCalifornia Court of Appeal · 1974
- Wetherow v. LordAppellate Division of the Supreme Court of the State of New York · 1899
- Weigert v. SchlesingerAppellate Division of the Supreme Court of the State of New York · 1912
- Lehr v. JonesAppellate Division of the Supreme Court of the State of New York · 1902
- Fitzpatrick v. GrahamCourt of Appeals for the Second Circuit · 1903
3 more not listed; retrieve them via the Exa API.