Kelly v. Home Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah E. Kelly, from a judgment of the Supreme Court in favor of the defendants, Franklin B. Beers and another, as executors, etc., of Kate V. Beers, deceased, entered in the office of the clerk of the county of Albany on the 28tli day of June, 1904, upon the decision of the court, rendered after a trial at the Albany Trial Term, certain questions of fact having been submitted to a jury, dismissing the complaint upon the merits.
1Opinion of the Court
Chase, J.:
This action is brought to recover $2,378.65, being the amount of a deposit with the defendant Home Savings Bank of the City of *144Albany, standing in the name of “Kate V. Beers or Sarah E. Kelley * her daughter, or the survivor of them.”
Kate V. Beers died July 1, 1903, leaving two children, the plaintiff Sarah E. Kelly and the defendant Franklin B. Beers. She had an estate which, including all of the securities at their face, value, and the savings and other bank accounts herein mentioned, amounted to about $31,844.44. Of such amount about $8,375 is claimed by the executors to be of…
2Cases cited10 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- Sanford v. . SanfordNew York Court of Appeals · 1871
- Acker v. . LelandNew York Court of Appeals · 1888
- Augsbury v. . ShurtliffNew York Court of Appeals · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Smith v. . KellerNew York Court of Appeals · 1912
- Dyste v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1930
- Tierney v. . FitzpatrickNew York Court of Appeals · 1909
- Havens v. HavensNew York Supreme Court · 1925
- In re Peck's EstateSupreme Court of Vermont · 1913
7 more not listed; retrieve them via the Exa API.