Beaver v. . Beaver
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury-- This action was brought by the plaintiff, as executor of Aziel G. Beaver, against The Ulster County Savings Institution, to recover certain deposits amounting to the sum of $2,800, or thereabouts, standing to his credit on the…
Read the full summary
Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury-- This action was brought by the plaintiff, as executor of Aziel G. Beaver, against The Ulster County Savings Institution, to recover certain deposits amounting to the sum of $2,800, or thereabouts, standing to his credit on the books of the bank The administrators of John O. Beaver claiming the money as part of his estate, they were substituted as…
1Opinion of the CourtAndrews, J.
It is found that the money with which John O. Beaver made the deposit of $854.04 July 5,1866, belonged to him. The inference that the deposit $145.96, made October 5, 1866, was also made by him from his own means, does not admit of reasonable question. The pass-book was at all times in his possession. Concurrently with the last deposit, the amount was entered therein. It is affirmatively shown that Aziel, who was then a minor, lived with his father and had no money of his own, and the circumstances are quite satisfactory to show that he never, at any time during his life knew of the bank…
2Cases cited8 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Young v. . YoungNew York Court of Appeals · 1880
- Westerlo v. . De WittNew York Court of Appeals · 1867
- Gardner v. MerrittCourt of Appeals of Maryland · 1870
- Howard v. Windham County Savings BankSupreme Court of Vermont · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by288 opinions
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Moskowitz v. MarrowNew York Court of Appeals · 1929
- In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
- Gruen v. GruenNew York Court of Appeals · 1986
283 more not listed; retrieve them via the Exa API.