Berg v. Keber

The action is to establish the plaintiff’s alleged ownership of a deposit in the Metropolitan Savings Bank. The account was opened on June 30, 1903, when the decedent, Barbara Koch, deposited with the said savings bank the sum of $1,000. The saving’s bank issued to her a pass-book, which reads as follows: “ Metropolitan Savings Bank, in account with Barbara Koch or Elizabeth Berg.” There are stamped on the left hand page of the pass-book the words “ payable to either or to the survivor.” The plaintiff testified that such words were not on the pass-book when he saw it in the possession of the…