Flanagan v. Nash
Supreme Court of Pennsylvania
Appeal, No. 98, Jan. T., 1897, by defendant, from judgment of C. P. No. 4, Phila. Co., September Term, 1895, No. 504, on verdict for plaintiff. Assumpsit to recover the amount of a bank deposit.
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Appeal, No. 98, Jan. T., 1897, by defendant, from judgment of C. P. No. 4, Phila. Co., September Term, 1895, No. 504, on verdict for plaintiff. Assumpsit to recover the amount of a bank deposit. Before Willson, J. The testimony at the trial showed that tbe money in question belonged to the decedent, Bridget Gallagher, and all that she had ever done toward parting with possession of it was to deposit it in the Beneficial Saving Fund to the joint account of herself and the defendant; that during the lifetime of Bridget Gallagher she alone exercised control over the fund; that the account was…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
The money in dispute was the property of Bridget Gallagher exclusively. The defendant had no ownership or interest of any kind in it. She kept the money on deposit in the Philadelphia Savings Fund in her own name and as her own property. Subsequently, on April 14, 1892, she drew the money out of the Savings Fund and deposited it in the Beneficial Savings Fund Society of Philadelphia. When she made that deposit the defendant was with her, and the money was deposited in the joint names of herself and the defendant. On the margin opposite the signatures the words “…
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