Scheffer v. Erie County Savings Bank
New York Court of Appeals
Appeal from a judgment of the Appellate. Division of the Supreme Court in the fourth judicial department, entered June 18, 1918, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate. Division of the Supreme Court in the fourth judicial department, entered June 18, 1918, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The gift of the money in the bank vested irrevocably the title to the fund in the plaintiff and upon proof of the gift she is entitled to maintain an action against the bank to recover the amount. (Wetherow v. Lord, 41 App. Div. 413; McGuire…
1Opinion of the CourtCardozo, J.
Eliza M. Collins in her lifetime was a depositor in the defendant’s savings bank. Before her death, which occurred on June 20, 1917, she made a gift to the plaintiff of the amount of the deposit. The trial judge found the gift, but refused to enforce payment, after the death of the depositor, at the suit of the donee. Provisions of the Banking Law and of the by-laws of the savings bank were thought to justify the refusal. The Banking Law says (Consol. Laws, ch. 2, sec. 248, subd. 1): “ The sums deposited with any savings bank, * * * shall be repaid to the depositors thereof respectively, or…
2Cases cited9 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
- Kernochan v. . MurrayNew York Court of Appeals · 1888
- Kelley v. . Buffalo Savings BankNew York Court of Appeals · 1904
- Wetherow v. LordAppellate Division of the Supreme Court of the State of New York · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Petrogradsky Mejdunarodny Kommerchesky Bank v. National City BankNew York Court of Appeals · 1930
- Allhusen v. Caristo Construction Corp.New York Court of Appeals · 1952
- Coler v. Corn Exchange BankNew York Court of Appeals · 1928
- Detroit Greyhound Employees Federal Credit Union v. Aetna Life InsuranceMichigan Supreme Court · 1969
- State Bank v. Central Mercantile BankNew York Court of Appeals · 1928
13 more not listed; retrieve them via the Exa API.