Matthews v. Brooklyn Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Matthews, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 27th day of May, 1911, upon the decision of the court rendered after a trial at the Kings County Special Term, and also from an order entered in said clerk’s office on the same day dismissing the complaint upon the merits.
1Opinion of the Court
Carr, J.:
This is an appeal from a judgment of the Special Term in Kings county that dismissed the complaint of the plaintiff after a trial of the issues. The action was brought by the plaintiff to recover certain moneys which had been deposited in a savings bank in Brooklyn in the name of “Mary Kelly, in trust for Margaret Matthews.” The facts appearing upon the trial, in the evidence offered by the plaintiff, were as follows:' Mary Kelly during her lifetime was unmarried, and quite advanced in years at the time of the transaction in question. She had had a sister, Annie Kelly, likewise…
2Cases cited2 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- In re the Judicial Settlement of the Account of DavisAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Stockert v. Dry Dock Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1913
- United States v. Emigrant Industrial Sav. BankDistrict Court, S.D. New York · 1954
- McKendry v. McKendryNew York Supreme Court · 1951