Beaver v. Beaver
New York Supreme Court
Appeal from Ulster county court. Reversed. Action by Minerva J. Beaver, as executrix of Asiel G. Beaver, deceased, against Charles C. Beaver and another, administrators of John O. Beaver, deceased. From a judgment for defendants, plaintiff appeals. For prior reports, see 22 27. E. Rep. 940, and 6 27. Y. Supp. 586. For dissenting opinion, see post, 746.
1Opinion of the CourtLearned, P. J.
The court of appeals, when this case was before it, seems to have taken judicial notice of a practice that persons deposit money in savings banks “to the credit of real or fictitious persons, with no intention of divesting themselves of ownership.” If such a practice exists, we find no proof of its existence in this case. No testimony was given showing such a practice, and no reason is shown why John 0. Beaver should have had any of the tricky objects in view which are mentioned by the court of appeals. The charter of the bank permitted deposits to the amount of $5,000, (Laws 1851, c. 152, §…
2Cases cited11 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Martin v. . FunkNew York Court of Appeals · 1878
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Crawford v. . West Side BankNew York Court of Appeals · 1885
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