Burns v. Burns
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by John Burns, administrator, with the will annexed, of the estate of Michael Burns, deceased, against Anne Burns, for money had and received. From a judgment for plaintiff on verdict directed by the court, defendant brings error.
1Opinion of the CourtHooker, C. J.
Michael Burns was, during his life, a depositor in the Detroit Savings Bank. The testimony of its teller shows that as early as March 14, 1893, he had a balance of $7,250. This balance was transferred on March 14, 1893, to another pass-book, showing a credit to Burns of $7,259.72. This account was closed on July 5, 1900, and a balance of $6,323.22 then appeared to the credit of Michael Burns. When the last mentioned pass-book was issued, it was taken away and afterwards kept by Michael Burns. He made withdrawals of money from time to time, and allowed his wife, Anne Burns, to do the same. The…
2Cases cited3 opinions
- Hull v. HullMichigan Supreme Court · 1899
- Cole v. Cole's EstateMichigan Supreme Court · 1901
- Brown v. BrownNew York Supreme Court · 1857
3Cited by11 opinions
- Geisel v. BurgMichigan Supreme Court · 1937
- Staples v. BerrySupreme Judicial Court of Maine · 1912
- Ludwig v. BrunerMichigan Supreme Court · 1918
- Chaddock v. ChaddockMichigan Supreme Court · 1903
- Hart v. HartMichigan Supreme Court · 1918
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