Haux v. Dry Dock Savings Institution
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John T. Downing, as administrator of Rose Downing, deceased, and others, from a judgment of the Superior Court of the city of New York in favor of the plaintiffs, entered in the office of the clerk of said court on the 16th day of July, 1895, upon the decision of the court rendered after a trial at a Special Term thereof.
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Appeal by the defendants, John T. Downing, as administrator of Rose Downing, deceased, and others, from a judgment of the Superior Court of the city of New York in favor of the plaintiffs, entered in the office of the clerk of said court on the 16th day of July, 1895, upon the decision of the court rendered after a trial at a Special Term thereof. This action was 'brought to obtain an adjudication as to whether or not certain deposits made -by William Haux, deceased, with the Dry Dock Savings Institution constituted a trust or trusts, and also to have determined the rights and interests of…
1Opinion of the Court
Per Curiam :
The rule now established in this State is that whether or not a trust was created depends upon the intention of the donor at the time of the opening of the account and of the deposits made in the bank, and that question is a question of fact to be determined in each particular case from the acts and declarations of the parties and the circumstances surrounding the transaction at the time of the performance of the several acts. . (Cunningham v. Davenport, 147 N. Y. 43.) W e think it clear in this case that there was evidence before the trial court to sustain his findings; that…
2Cases cited1 opinion
- Cunningham v. . DavenportNew York Court of Appeals · 1895
3Cited by8 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Fowler v. GowingU.S. Circuit Court for the District of Northern New York · 1907
- Williams v. Brooklyn Savings BankAppellate Division of the Supreme Court of the State of New York · 1900
- Lee v. KennedyAppellate Terms of the Supreme Court of New York · 1898
- In re the Final Accounting of BiggarsNew York Surrogate's Court · 1902
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