Legal Opinion
Foley v. New York Savings Bank
Appellate Terms of the Supreme Court of New York
Decided February 15, 1913Published
Appeal by the defendant from a judgment of the City Court of city of Yew York, entered upon a verdict rendered in favor of the plaintiff by direction of the court, in an action to recover a bank account standing in the name of a decedent.
1Opinion of the CourtLehman, J.
The complaint in this action alleges two causes of action. The first cause of action is based upon an alleged acceptance and promise to pay by the defendant of an order or draft drawn by Timothy Murphy upon the defendant. The second cause of action is based upon an alleged assignment by Murphy of his account in the defendant bank. At the trial it appeared that Murphy upon his death bed had executed an order as follows:
“ $1529.85 Mew York, May 14, 1912.
“ Mew York Savings Bank
“Pay to James Foley or bearer, Balance of account..........Dollars on. account of Bank Book Mo. 202670.
“ Present…
2Cases cited4 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
- Dinlay v. McCullaghNew York Supreme Court · 1895
- Glennan v. Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1912