Bonnette v. Molloy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph A. Molloy, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of January, 1912, upon the decision of the court rendered after a trial at the New York Special Term, with notice of an intention to bring- up for review an order to show cause, made herein on the 10th day of July, 1911, and the order reopening this case made at the New York Special Term on the…
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Appeal by the defendant, Joseph A. Molloy, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of January, 1912, upon the decision of the court rendered after a trial at the New York Special Term, with notice of an intention to bring- up for review an order to show cause, made herein on the 10th day of July, 1911, and the order reopening this case made at the New York Special Term on the 18th day of July, 1911.
1Opinion of the Court
Laughlin, J.:
The action was originally against the New York Savings Bank to recover a balance on deposit in an account opened on the 8th day of July, 1903, by the plaintiff’s intestate and the defendant, to the credit of which the sum of $2,200, moneys evidently belonging to her, was then deposited. The bank interpleaded the defendant. The account is in the following form: “New York Savings Bank in Acct. Joseph A. Molloy or Margaret Scone, Payable to either and to the survivor.” At the time of opening the account the decedent and the defendant both signed the usual bank signature book,…
2Cases cited5 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Fellows v. . DennistonNew York Court of Appeals · 1861
- Schneider v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1907
- Bank of Orange County v. FinkNew York Court of Chancery · 1838
- In re the Judicial Settlement of the Account of Proceedings of LevyAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by20 opinions
- Clary v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1913
- Bloss v. SchreiterMichigan Supreme Court · 1917
- McLeod v. Hennepin County Savings BankSupreme Court of Minnesota · 1920
- Havens v. HavensNew York Supreme Court · 1925
- In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
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