Gearns v. Bowery Savings Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made May 8, 1891, which affirmed a judgment in favor of defendant entered upon a verdict. This was an action to recover of defendant, the Bowery Savings Bank, the sum of -$1,335.06, with interest, alleged to be standing to the credit of plaintiff as administrator of the estate of Mary Ann Gearns, deceased, on defendant’s books.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made May 8, 1891, which affirmed a judgment in favor of defendant entered upon a verdict. This was an action to recover of defendant, the Bowery Savings Bank, the sum of -$1,335.06, with interest, alleged to be standing to the credit of plaintiff as administrator of the estate of Mary Ann Gearns, deceased, on defendant’s books. The facts, so far as material, are stated in the opinion. The power of attorney, upon which defendant relied, was invalid and should not have been admitted in…
1Opinion of the CourtO’Brien, J.
At the time of the death of Mary Ann Gearns, in the month of February, 1882, there was on deposit to her credit with the defendant about $1,500. This deposit was evidenced by a pass book which the defendant had delivered to her and which contained a statement of the account. It was to be repaid by the defendant under certain rules and regulations prescribed by the trustees, which it must be presumed the depositor assented to and form part of the contract between the parties. These rules so far as they bear upon the question involved in this case, provided that all deposits should be entered…
2Cases cited1 opinion
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
3Cited by17 opinions
- Noah v. . Bowery Savings BankNew York Court of Appeals · 1919
- Novak v. Greater New York Savings BankNew York Court of Appeals · 1972
- Banco Multiple Santa Cruz v. MorenoDistrict Court, E.D. New York · 2012
- Laurent v. Williamsburgh Savings BankNew York Supreme Court · 1954
- Renzi v. AleszczykAppellate Division of the Supreme Court of the State of New York · 1974
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