Grafing v. Irving Savings Institution
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Grating, from a judgment of .the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 20th 'day of August, 1901,. upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived.
1Opinion of the Court
Hirschberg, J.:
In affirming this judgment we adopt the opinion of Mr. Justice ~BnTTS at the S~eciaI Term.* Itis immaterial what may have been *568the intention of Diedvich Grafing in making the deposit in the form in which he did as between the parties to this action, now that the money has been, paid over in good faith and without notice of the plaintiff’s claim. None of the money belonged to the plaintiff, he deposited none of it, and it does not appear that he ever knew of the deposit until after the bank had closed the account by repayment to his brother’s executrix. The. bank was justified…
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
- Westerlo v. . De WittNew York Court of Appeals · 1867
- Boone v. Citizens' Savings BankNew York Court of Appeals · 1881
- Mulcahey v. . Emigrant Industrial Sav. Bank.New York Court of Appeals · 1882
3Cited by2 opinions
- Caruso v. Dry Dock Savings InstitutionNew York Supreme Court · 1939
- Berg v. KeberNew York Supreme Court · 1912