Kelly v. Albany Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Franklin B. Beers and another, as executors, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 26th day. of February, 1907, upon the decision of the court rendered after a trial at the Albany Special Term.
1Opinion of the Court
Kellogg, J.:
The facts in this case are substantially the same as in Kelly v. Home Savings Bank (103 App. Div. 141), except that no officer of the .trust company was sworn and the only evidence as to what took place at the trust company is the books and papers of the trust company, as follows: Exhibit B, dated- January 12,1903.— “ The Albany Trust Company will please add the name of Mrs. Sarah E. Kelly as owner and creditor with me of all moneys heretofore or which may hereafter be deposited in the said bank , under its account No. 2104, together with all the interest which has been or. may…
2Cases cited3 opinions
- Augsbury v. . ShurtliffNew York Court of Appeals · 1904
- Kelly v. Home Savings BankAppellate Division of the Supreme Court of the State of New York · 1905
- Hallenbeck v. HallenbeckAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Kelly v. National Savings BankAppellate Division of the Supreme Court of the State of New York · 1908