Legal Opinion

Robertson v. McCarty

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

Decided July 1, 1900PublishedCited by 12 opinions

Appeal by the defendant, Libbie Robertson McCarty, as administratrix, etc., of Stout Robertson, 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 11th. day of May, 1900, upon the decision of the court rendered after a trial before the court without a jury.

1Opinion of the Court

Hirschberg, J.:

On the 7th day of July, 1898, an account was opened in the Bowery Savings Bank, for the sum of $3,000, in the name of ■“ Stout Robertson in trust for Cornelius S., brother.” It seems to be -conceded that the money deposited was the individual property • of Stout Robertson. The pass book was delivered to Stout Robertson, and remained in his possession until his death, which occurred on the 20th day of February, 1899, and it was admitted upon the trial that his brother Cornelius S. “ had never been informed and never had any knowledge of the existence of this bank account in the…

2Cases cited9 opinions

  1. Martin v. . FunkNew York Court of Appeals · 1878
  2. Mabie v. . BaileyNew York Court of Appeals · 1884
  3. Cunningham v. . DavenportNew York Court of Appeals · 1895
  4. Minor v. RogersSupreme Court of Connecticut · 1873
  5. Willis v. . SmythNew York Court of Appeals · 1883

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Helfrich's Estate v. Commissioner of Int. Rev.Court of Appeals for the Seventh Circuit · 1944
  2. Robinson v. ApplebyAppellate Division of the Supreme Court of the State of New York · 1902
  3. In re the Estate of FinnNew York Surrogate's Court · 1904
  4. In re the Final Accounting of BiggarsNew York Surrogate's Court · 1902
  5. Meislahn v. MeislahnAppellate Division of the Supreme Court of the State of New York · 1900

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API