Smith v. Ossipee Valley Ten Cents Savings Bank
Supreme Court of New Hampshire
The first action is assumpsit, for a deposit in the defendant bank, made by the plaintiff’s decedent, James Smith, in the name of his daughter, Huldah F. Smith, now Huldah F. Emerson, who appears as defendant in interest, claiming the fund. The second suit is a bill of interpleader to determine to whom the bank shall pay the deposit. Facts found by the court. In 1871 James Smith deposited $450 in the name of his daughter Huldah, and. took a deposit-book in her name.
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The first action is assumpsit, for a deposit in the defendant bank, made by the plaintiff’s decedent, James Smith, in the name of his daughter, Huldah F. Smith, now Huldah F. Emerson, who appears as defendant in interest, claiming the fund. The second suit is a bill of interpleader to determine to whom the bank shall pay the deposit. Facts found by the court. In 1871 James Smith deposited $450 in the name of his daughter Huldah, and. took a deposit-book in her name. Other deposits were afterwards made to the same account, and he withdrew some dividends, leaving the amount of the account, at…
1Opinion of the CourtBingham, J.
If A place money for B in a bank, taking a deposit-book for it in his name, and subsequently notifies him of the credit and that he intended it as a gift, which B accepts, does this vest the title in him, and divest A of all title and possession of it, if he retains the deposit-book? In Blasdel v. Locke, 52 N. H. 238, a bill in equity by the administrator of the donor against the bank and the donee to recover a deposit, on similar facts, though less favorable to the defendants, it was held “ that the deposit created a trust in the bank in favor of B, and that upon information of what had been…
2Cases cited21 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Young v. . YoungNew York Court of Appeals · 1880
- Taylor v. HenryCourt of Appeals of Maryland · 1878
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Mabie v. . BaileyNew York Court of Appeals · 1884
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3Cited by4 opinions
- Candee v. Connecticut Savings BankSupreme Court of Connecticut · 1908
- Goelz v. People's Savings BankIndiana Court of Appeals · 1903
- Boyle v. DinsdaleUtah Supreme Court · 1914
- Collins v. Collins' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931