Sullivan v. . Sullivan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 23, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. 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 of the Appellate Division of the Supreme Court in the third judicial department, entered March 23, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of -the action and the facts, so far as material, are stated in the opinion. The certificate of deposit given by the Chemung Canal Bank to the deceased, Catherine Sullivan, was a valid contract between them, made for the benefit of the niece mentioned in it, and she has the right to enforce that contract. (Buchanan v. Tilden, 158 N. Y. 109 ; Dutton v.…
1Opinion of the CourtWerner, J.
On the 10th day of October, 1892, the plaintiff’s intestate, Catherine Sullivan, deposited with the Che-mung Canal Bank the sum of $2,000, and received therefor a certificate of deposit in the following form :
“ $2,000. Elmira,- N. Y., Oct. 10th, 1892. “ Catherine Sullivan has deposited in this bank two thousand dollars, payable one day after date to the order of herself, or in the case of her death to her niece, Catherine Sullivan, of Utica, upon the return of this certificate, with interest at 3 per cent per annum, if held six months. Not subject to check.
“No. 26638. J. H. ABNOT, V. PI
She…
2Cases cited7 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Todd v. . WeberNew York Court of Appeals · 1884
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Gilman v. . McArdleNew York Court of Appeals · 1885
- Hirsh v. . AuerNew York Court of Appeals · 1895
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3Cited by19 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Seaver v. . RansomNew York Court of Appeals · 1918
- In re the Estate of VaughanNew York Surrogate's Court · 1932
- McGillivray v. First National BankNorth Dakota Supreme Court · 1927
- Fowler v. GowingU.S. Circuit Court for the District of Northern New York · 1907
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