Legal Opinion

Glennan v. Rochester Trust & Safe Deposit Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 9, 1912PublishedCited by 3 opinions

Appeal by the plaintiff, John W. Glennan, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 20th day of December, 1911, upon the verdict of a jury, rendered after a trial at the Monroe Trial Term, dismissing the plaintiff’s complaint -upon the merits, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon…

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Appeal by the plaintiff, John W. Glennan, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 20th day of December, 1911, upon the verdict of a jury, rendered after a trial at the Monroe Trial Term, dismissing the plaintiff’s complaint -upon the merits, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes. The action was commenced on the 4th day of September, 1909, to recover the sum of $2,500, with-interest…

1Opinion of the Court

McLennan, P. J.:

John Callahan for about twenty-five years prior to his death, which occurred on the 9th day of March, 1908, resided in the city of Washington, D. 0. On the 5th day of July, 1907, he deposited with the defendant the sum of $2,500 and received a pass book. The money was to draw interest at the rate of four per cent on monthly balances while it remained on deposit with the defendant. Michael Naylon and Martin Naylon were half-brothers of Callahan and resided in the city of Rochester. The Naylons were practically strangers to Callahan, as Michael Naylon had seen him not over three…

2Cases cited2 opinions

  1. Connelly v. . O'ConnorNew York Court of Appeals · 1889
  2. Hoffmann v. Union Dime Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by3 opinions

  1. Potter v. SagerAppellate Division of the Supreme Court of the State of New York · 1918
  2. Foley v. New York Savings BankAppellate Terms of the Supreme Court of New York · 1913
  3. Foley v. New York Savings BankAppellate Terms of the Supreme Court of New York · 1913

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