Legal Opinion

Faivre v. Union Dime Savings Institution

The Superior Court of the City of New York and Buffalo

Decided January 5, 1891PublishedCited by 2 opinions

Appeal from special term. . Action by Francois P. Faivre against the Union Dime Savings Institution for a balance of money deposited with defendant as a savings hank under an agreement by defendant that it might be drawn by either plaintiff or one Josephine Laurent, or, in case of the death of one of them, by the survivor.

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Appeal from special term. . Action by Francois P. Faivre against the Union Dime Savings Institution for a balance of money deposited with defendant as a savings hank under an agreement by defendant that it might be drawn by either plaintiff or one Josephine Laurent, or, in case of the death of one of them, by the survivor. A short time before the death of said Josephine Laurent, a demand for the money was made by Louis Grosclaude and Octave d’Hainaut, by virtue of assignments thereof .to them by Josephine Laurent during her life-time, accompanied by orders by her on defendant for the payment…

1Per curiam

The orders, when modified as hereinafter directed, may tie sustained under the general banking act of the state of Hew York. Laws 1882, c. 409. (See chapter 10 of said act.) The provision directing the Union Dime Savings Institution to open a new account as a deposit to the credit of this action, under its usual by-laws and regulations, etc., should be stricken out, and in place thereof the said savings institution should be required to deposit the fund in court, according to the usual practice in such cases. As thus modified, the orders should be affirmed, without costs to either party on…

2Cited by2 opinions

  1. McKeown v. Bank for SavingsAppellate Terms of the Supreme Court of New York · 1899
  2. Quinn v. Bank for SavingsAppellate Terms of the Supreme Court of New York · 1904

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