Cook v. Shull
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Montgomery county. Action by Jacob C. Cook, administrator, against Alfred W. Shull and others. From a judgment on a decision of the court sitting as a jury, defendants appeal.
1Opinion of the CourtMerwin, J.
On 10th October, 1885, Clarissa Cook deposited with the National Spraker Bank $5,400 in money, and received from said bank a certificate'of deposit reading as follows:
“$5,400. National Spraker Bank.
“Oanajoharie, Oct. 10, 1885.
“Mrs. Olarissa Cook has deposited in this bank five thousand four hundred dollars, payable in bank bills, to the order of herself, with interest at the rate of —:— per cent, per annum, if left six months. No interest allowed on fractions of a month. Wm. Wiles, Teller.”
Thereafter Mrs. Cook became of unsound mind, and in July, 1888, due proceedings were had, whereby she…
2Cases cited2 opinions
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Sheldon v. HeatonNew York Supreme Court · 1895
3Cited by1 opinion
- Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1902