Levy v. Commercial Trust Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Sophie R. H. Levy, as executrix of Arthur S. Levy, deceased, against the Commercial Trust Company of New York. From a judgment dismissing the complaint at the close of plaintiff’s case, she appeals. Reversed, and new trial granted.
1Opinion of the CourtPage, J.
It was conceded in the pleadings and on the record at the trial of this action that Arthur S. Levy, deceased, maintained an account with the defendant as depositor and prior to his death delivered various sums of money to the defendant, which it received on deposit and agreed to repay to Arthur S. Levy or his order on demand, and that at the time of his death there was a balance of $793.73 on deposit with the defendant in the said account. It was also adrnit*296ted that his last will and testament was admitted to probate in the Surrogate’s Court of this county, that the plaintiff herein duly…
Also in this document: Concurrence.
2Cases cited1 opinion
- Delahunty v. Central National BankAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Bank of Illmo v. Sturdivant BankMissouri Court of Appeals · 1936