McElroy v. National Savings Bank of Albany
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts,, pursuant to section 1279 of the Code of Civil Procedure. The controversy was as to who was entitled to a deposit in the. National Savings Bank in the city of Albany. The account stood in the name of Alida P. Bell or James 0. Bell, her husband, or the-survivor of them. James C. Bell died prior to the death of Alida P. Bell, who was his wife.
1Opinion of the Court
Parker, P. J.:
I am of the opinion that the deposit by James 0. Bell of the money in hank to the credit of his wife, Alida P. Bell, and himself, with the provision that either of them, or the survivor of them, was. to draw it, imports a gift to the wife in case she survives him, and that delivery of the pass book to her by the husband was not necessary to perfect such gift. The principle decided in Sanford v. Sanford (45 N. Y. 723, and again in 58 id. 69) seems to he applicable to the facts before us, and to so hold. (See, also, Fowler v. Butterly, 78 N. Y. 68, 72; Scott v. Simes, 10 Bosw.…
2Cases cited3 opinions
- Sanford v. . SanfordNew York Court of Appeals · 1871
- Fowler v. . ButterlyNew York Court of Appeals · 1879
- Scott v. SimesThe Superior Court of New York City · 1863
3Cited by15 opinions
- Beaumont v. BeaumontCourt of Appeals for the Third Circuit · 1907
- Commonwealth Trust Co. v. DuMontimerMissouri Court of Appeals · 1916
- Farrelly v. Emigrant Industrial Savings BankAppellate Division of the Supreme Court of the State of New York · 1904
- De Puy v. StevensAppellate Division of the Supreme Court of the State of New York · 1899
- Kelly v. Home Savings BankAppellate Division of the Supreme Court of the State of New York · 1905
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