Thayer v. Erie County Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Wallace Thayer, as committee, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 29th day of August, 1913, dismissing the complaint upon the decision of the court after a trial at the Erie Special Term before the court without a jury.
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Appeal by the plaintiff, Wallace Thayer, as committee, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 29th day of August, 1913, dismissing the complaint upon the decision of the court after a trial at the Erie Special Term before the court without a jury. On July 26, 1904, William Glynn, an incompetent person, had on deposit with defendant savings bank $3,126.67. On that day the County Court of Erie county in a proceeding for that purpose adjudged Glynn to be incompetent and made an order for the…
1Opinion of the Court
Foote, J.:
Payment by defendant of the money it held on deposit for William Glynn to Mrs. Faller was wrongful and of no effect as against Glynn or his estate. Although an order of the County Court had been made for her appointment as committee, she had not qualified by giving the required bond and her appointment was incomplete. She had no authority to take the custody of any funds or property of the estate.
“A committee of the property cannot enter upon the execution of his duties until security is given as prescribed by the court.” (Code Civ. Proc. § 2337.) Her act in withdrawing the deposit,…
2Cases cited14 opinions
- Wuesthoff v. . Germania Life Ins. Co.New York Court of Appeals · 1888
- People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
- Bissell v. . SaxtonNew York Court of Appeals · 1876
- Sherman v. . WrightNew York Court of Appeals · 1872
- Gottsberger v. . TaylorNew York Court of Appeals · 1859
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3Cited by4 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- In re the Final Accounting of Putnam County National BankAppellate Division of the Supreme Court of the State of New York · 1941
- Thayer v. Erie County Savings BankNew York Court of Appeals · 1916
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923