Genuario v. Finkler

In this appeal by the defendants from a judgment for the plaintiffs in a trial to the jury, the principal claim is that the complaint, in which a conversion of certain money was alleged, was an improper basis for a recovery in the action.

The deceased, Louis Klein, of whose estate the plaintiffs are executors, had a savings bank deposit in his own name. He withdrew it and immediately redeposited it in the names of the defendant Mrs. Gruber and himself, under this designation: “Louis Klein or Mildred Gruber, payable to either or the survivor.” Thereafter Mrs. Gruber, both during Klein’s life…