Jenkins v. Baker
New York Supreme Court
Motion for a new trial, a decision having been rendered for the defendants. This was a 'suit to have the sum of $650 given to the defendant Henrietta L. Baker by her mother Emeline Jenkins, now deceased, declared a part of a trust fund alleged to have been created and held by the said deceased for the plaintiff, her husband, and require the same to' be paid over to the plaintiff.
1Opinion of the Court
Gaynor, J.:
I was not satisfied with the decision which I heretofore filed, but do not see how I can change it.
The wife of the plaintiff opened an account in a savings bank in her own name in trust for him in October, 1899, and deposited to the said account sums which with interest aggregated $1,-897.56. In May, 1900, she drew out all of the said account, and gave $650 thereof to her daughter, the defendant. She died in July, 1900, and this suit was begun afterwards. She never made such account known-to her husband, or made any declaration in respect of it. The naked facts of opening such…
2Cases cited2 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Cunningham v. . DavenportNew York Court of Appeals · 1895
3Cited by1 opinion
- Lattan v. TottenNew York Supreme Court · 1904