Hayes v. Claessens
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick C. Claessens, as administrator, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Rensselaer on the 4th day of February, 1919, and also from an order of the Supreme Court made at the Rensselaer Special Term and entered in the office of the clerk of the said county on the 11th day of April, 1919, denying defendant’s motion to set aside the judgment and to grant a reargument.
1Opinion of the Court
H. T. Kellogg, J.:
Christina McGovern, who had long been a domestic servant, died on the 15th day of December, 1917, at the age of more than eighty. She had made deposits of savings through the course of years, without withdrawals, in the defendant bank, so that shortly before her death $8,096.49 stood credited to her account. On or about the 12th day of December, 1917, she placed her mark at the foot of a paper which read as follows: “ Manufacturers National Bank of Troy, N. Y. Pay Trans to Joint a /c Margaret Hayes and Christina McGovern or Bearer Seventy-eight hundred one 69/100 Dollars, on…
2Cases cited5 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- Kelly v. . BeersNew York Court of Appeals · 1909
- West v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1908
- Clary v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by9 opinions
- Havens v. HavensNew York Supreme Court · 1925
- In re the Proceeding by TrippAppellate Division of the Supreme Court of the State of New York · 1923
- In re Judicial Settlement of the Account of FenelonAppellate Division of the Supreme Court of the State of New York · 1932
- McDonald v. SargentNew York Supreme Court · 1923
- In re the Judicial Settlement of the Accounts of Mutual Trust Co.New York Surrogate's Court · 1920
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