Bonnette v. . Molloy
New York Court of Appeals
Appeal from a judgment entered December 27, 1912, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing judgment for defendant. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered December 27, 1912, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing judgment for defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division had no power to make, in effect, a new finding of fact and reverse another, and render judgment absolute upon the findings of fact of the trial court as thus modified and reversed. (Matter of Chapman,…
1Opinion of the CourtWillard Bartlett, J.
On July 8, 1903, Margaret Scone, the plaintiff’s testatrix, deposited $2,200 in the New York Savings Bank, which thereupon issued a bank book describing the account as follows: “New York Savings Bank in Acct. Joseph A. Molloy or Margaret Scone, payable to either and to the survivor.” At the time of the death of Margaret Scone on June 13, 1901, there remained in this account an undrawn balance amounting to $1,800. On February 3, 1909, the plaintiff, as executrix of Margaret Scone, brought an action against the New York Savings Bank to recover this balance, whereupon Joseph A. Molloy obtained…
2Cited by27 opinions
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- York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
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