Scheps v. Bowery Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Toni Scheps, from a judgment of the-Supreme Court in favor of the defendant, Mary Herman, as administratrix, etc., of Mordchai Flamendorf; deceased, entered in the-office of the clerk of the county of Kings on the 10th day of' December, 1903, upon the decision of the court rendered after atrial at the Kings County Special Term, certain questions of fact, having previously been submitted to a jury at the Kings County Trial Term, and also from an order…
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Appeal by the plaintiff, Toni Scheps, from a judgment of the-Supreme Court in favor of the defendant, Mary Herman, as administratrix, etc., of Mordchai Flamendorf; deceased, entered in the-office of the clerk of the county of Kings on the 10th day of' December, 1903, upon the decision of the court rendered after atrial at the Kings County Special Term, certain questions of fact, having previously been submitted to a jury at the Kings County Trial Term, and also from an order entered in said clerk’s office, on the 19 th day of December, 1903, denying the plain tiffis motion, for a new trial…
1Opinion of the Court
Hirschberg, P. J.:
The issue between the parties to this appeal relates to the title to-a savings bank boók and the money represented by it on deposit-with the defendant The Bowery Savings Bank. The appellant. *435claimed under an alleged gift causa mortis, and proved that the book was delivered to her by the deceased on February 7, 1903, She undoubtedly retained possession of it until after the death- of the deceased, which occurred in a hospital on March 26, 1903. The respondent claims as next of kin of the deceased. The question whether a. gift had been made to the appellant was submitted to…
2Cases cited1 opinion
- Brown v. . MaillerNew York Court of Appeals · 1854
3Cited by14 opinions
- Smith v. . KellerNew York Court of Appeals · 1912
- Tierney v. . FitzpatrickNew York Court of Appeals · 1909
- Fender v. FoustMontana Supreme Court · 1928
- Kelly v. Home Savings BankAppellate Division of the Supreme Court of the State of New York · 1905
- Gick v. . StumpfNew York Court of Appeals · 1912
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