Legal Opinion

Thayer v. Erie County Savings Bank

New York Court of Appeals

Decided April 11, 1916PublishedCited by 5 opinions

Appeal from a judgment, entered January 16, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department reversing a j udgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and directing judgment in favor of plaintiff upon the findings of fact of the trial court. The nature of the action and the facts, so far .as material, are stated in the opinion.

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Appeal from a judgment, entered January 16, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department reversing a j udgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and directing judgment in favor of plaintiff upon the findings of fact of the trial court. The nature of the action and the facts, so far .as material, are stated in the opinion. Mrs. Ealler, as committee of the estate of William Glynn, was accountable for the deposit which the defendant paid to her. (Mooney v. Bib, 50 Ala. 45; McClure…

1Opinion of the CourtCollin, J.

The action is to recover the sum of $3,126.67, which the defendant owed to William Glynn, through moneys deposited by him with the defendant. The defense is payment, on July 26, 1904, to Sarah M. Faller, as committee of the person and property of Glynn.

Glynn was adjudged an incompetent person on July 25, 1904. On July 26, 1904, by an order of the County Court of Erie county, Sarah M. Faller was appointed committee of his person and property “upon executing and filing a bond for $8,500, to be approved by this court, pursuant to the provisions of the statutes in such case made and provided.”…

2Cases cited6 opinions

  1. Sporza v. . German Savings BankNew York Court of Appeals · 1908
  2. Wuesthoff v. . Germania Life Ins. Co.New York Court of Appeals · 1888
  3. Matter of BlewittNew York Court of Appeals · 1892
  4. Gottsberger v. . TaylorNew York Court of Appeals · 1859
  5. Thayer v. Erie County Savings BankAppellate Division of the Supreme Court of the State of New York · 1914

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

3Cited by5 opinions

  1. Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
  2. In re the Final Accounting of Putnam County National BankAppellate Division of the Supreme Court of the State of New York · 1941
  3. County of Erie v. Town of TonawandaNew York Supreme Court · 1916
  4. Mattice v. Kingston Trust Co.New York Supreme Court · 1942
  5. Hall v. Windsor Savings BankSupreme Court of Vermont · 1923

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