Mabie v. . Bailey
New York Court of Appeals
Appeal from judgment in favor of plaintiff of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, entered upon an order made March 15, 1883, which overruled defendant’s exceptions and directed judgment upon a verdict.
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Appeal from judgment in favor of plaintiff of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, entered upon an order made March 15, 1883, which overruled defendant’s exceptions and directed judgment upon a verdict. This action was commenced in 1881 to recover the sum of $475.22, with interest from July 8, 1867, which the complaint alleged, and the proof showed was on that day withdrawn by Benjamin Bailey, defendant’s testator, from the New York Savings Bank, where it was on deposit in the name of said testator as trustee for plaintiff. The account was…
1Opinion of the CourtAndrews, J.
The case of Martin v. Funk (75 N. Y. 134 ; 31 Am. Rep. 446) decided that a deposit made in the form of the deposit in this case constituted a trust and, unexplained, operated to transfer the beneficial interest in the deposit to the beneficiary named, subject to the conditions of the trust to be implied from the circumstances. In this case the intention of Dr. Bailey, in making the deposit to create a beneficial trust for the plaintiff, is not left to inference from the mere fact of the deposit, and the record of the transaction contained in the books of the bank, and the pass-book. The…
2Cases cited3 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Minor v. RogersSupreme Court of Connecticut · 1873
- Boone v. Citizens' Savings BankNew York Court of Appeals · 1881
3Cited by71 opinions
- Marrow v. MoskowitzNew York Court of Appeals · 1931
- Kelly v. . BeersNew York Court of Appeals · 1909
- Booth v. Oakland Bank of SavingsCalifornia Supreme Court · 1898
- Farleigh v. . CadmanNew York Court of Appeals · 1899
- Lucas v. CoeU.S. Circuit Court for the District of Northern New York · 1898
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