Hemmerich v. Union Dime Savings Institution
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 12, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The tentative trust originally created was transformed into a gift by the delivery of the pass book and declarations made at the time.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 12, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The tentative trust originally created was transformed into a gift by the delivery of the pass book and declarations made at the time. (Matter of Totten, 179 N. Y. 112; Matter of Davis, 119 App. Div. 35; O’Brien v. W. Savings Bank, 101 App. Div. 108;…
1Opinion of the CourtChase, J.
This is an action at law by Anna Hemmerich, an infant, to recover a deposit of $1,000 and interest held by the defendant and made in its bank by William Hemmerich. The deposit was made in the name of “ William Hemmerich in trust for Anna Hemmerich,” and the usual pass book was taken therefor by him in that name. It appears from the evidence produced in behalf of the plaintiff that William Hemmerich at and prior to the time of making such deposit was employed as a cook and lived with his wife and two children, Anna the plaintiff, then aged ten years, and Margaret, then aged seven years, in a…
2Cases cited1 opinion
- In Re the Accounting of TottenNew York Court of Appeals · 1904
3Cited by19 opinions
- In re the Estate of ReichNew York Surrogate's Court · 1933
- Helfrich's Estate v. Commissioner of Int. Rev.Court of Appeals for the Seventh Circuit · 1944
- In re PetersenNew York Surrogate's Court · 1929
- In re the Estate HerleNew York Surrogate's Court · 1937
- Matthews v. . Brooklyn Savings BankNew York Court of Appeals · 1913
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