O'Brien v. Elmira Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John 0. O’Brien, as administrator, etc., of De Witt Ames, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chemung on the 16th day of May, 1904, upon the decision of the court, rendered after a trial at the Chemung Trial Term, a jury having been waived, dismissing the complaint upon the merits.
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Appeal by the plaintiff, John 0. O’Brien, as administrator, etc., of De Witt Ames, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chemung on the 16th day of May, 1904, upon the decision of the court, rendered after a trial at the Chemung Trial Term, a jury having been waived, dismissing the complaint upon the merits. The action is brought to recover for moneys claimed by the plaintiff to have been deposited in the defendant bank by his intestate, De Witt Ames, who died on the 17th day of-April, 1902. On the 7th day…
1Opinion of the Court
Chester, J. :
The legality of the judgment appealed from depends upon the correctness of the decision of the trial court that Ames made a valid gift causa mortis to Mrs. Peckham of the moneys in question. She is not a party to the action and the defendant bank has paid the money to' her upon her production and presentation to it of the pass book in accordance with its rule requiring such production *79and providing that “all payments made to persons producing the pass book shall be deemed good and valid payments to the depositors respectively, and shall discharge the Bank from any further…
2Cases cited2 opinions
- Champney v. . BlanchardNew York Court of Appeals · 1868
- De Puy v. StevensAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- In re the Estate of WhiteNew York Surrogate's Court · 1933
- Callahan v. ForestNew York Supreme Court · 1909
- Danzinger v. Seamen's Bank for SavingsCity of New York Municipal Court · 1914
- O'Connell v. Bank for SavingsNew York Supreme Court · 1918