Sporza v. . German Savings Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Oonrt in the first judicial department, entered July 19, 1907, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as materia], are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Oonrt in the first judicial department, entered July 19, 1907, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as materia], are stated in the opinion. Section 2323a of the Code of Civil Procedure, under which the plaintiff was appointed committee of the estate of the alleged incompetent, is unconstitutional and void, in that it violates section 2, article 1 of the Constitution of the state of New York, which provides…
1Concurrence
The plaintiff seeks to recover a sum of money deposited with the defendant savings bank in the name and on account of Ida Jetter, who subsequent to the opening of the account married Frank Sporza, the plaintiff, and became known as Ida Sporza. In May, 1906, Dr. William Mabon, the superintendent of the Manhattan State Hospital at Ward's Island, New York, presented a petition to the Supreme Court in the first judicial district, applying for the appointment of a committee of the estate of Ida Jetta under the provisions of section 2323 and section 2323a of the Code of Civil Procedure. The…
2Cases cited18 opinions
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Colon v. . LiskNew York Court of Appeals · 1897
- People v. . DunnNew York Court of Appeals · 1899
- DowdellMassachusetts Supreme Judicial Court · 1897
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