Moore v. Fingar
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Peter R. Pingar, as administrator, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 26th day of June, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on tlie 24tli day of July, 1908, denying the dtefend'ant’s motion for-a nexv trial made upon the minutes.
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Appeal by the defendant, Peter R. Pingar, as administrator, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 26th day of June, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on tlie 24tli day of July, 1908, denying the dtefend'ant’s motion for-a nexv trial made upon the minutes. Tlie action is. brought to recover the amount of á savings bank account. The. plaintiff is the administratrix and only child of "William S. Smith,…
1Opinion of the Court
Chester, J.:
I think it is within the- authorities to say. that,where a husband-deposits his money in á savings bank in his name and that of his wife with the account “ payable to either or the survivor,” as was the cáse here, the account on its face imports a gift of the fund to *401her and that she has such an interest in it as gives her the equal right with him to draw it during their joint lives and vests her with its absolute title in case she survives him. (Augsbury v. Shurtliff, 114 App. Div. 626; affd., 190 N. Y. 507; Sanford v. Sanford, 45 id. 723; McElroy v. Albany Savings Bank, 8 App.…
2Cases cited10 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Mabie v. . BaileyNew York Court of Appeals · 1884
- McElroy v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
- McElroy v. National Savings Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1896
- Scheps v. Bowery Savings BankAppellate Division of the Supreme Court of the State of New York · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Estate of FilfileyNew York Surrogate's Court · 1970
- In re the Assessment of the Transfer Tax Against the Estate of KlineNew York Surrogate's Court · 1909
- In re the Appraisal under the Transfer Tax Acts of the Property of PitouNew York Surrogate's Court · 1913
- O'Connor v. DunniganAppellate Division of the Supreme Court of the State of New York · 1913
- O'Connor v. DunniganAppellate Division of the Supreme Court of the State of New York · 1913
1 more not listed; retrieve them via the Exa API.