Gerber v. State Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gustav Gerber, from an order and determination of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of December, 1914, affirming an order of the City Court of the City of New York denying the plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Scott, J.:
The complaint, summarized, alleges that plaintiff was the husband' of Eva Gerber, who died February 4, 1914, intestate and without descendants; that said intestate left no debts and that plaintiff is of sufficient financial responsibility to pay her debts, if she left any. It is further alleged that at the time of her death said Eva Gerber had on deposit in defendant, and said defendant owed her, a sum of money, which plaintiff seeks to recover in his own right by virtue his jus mariti, no administrator having been appointed. The defendant demurs.
It is the settled law in this State…
2Cases cited5 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Robins v. . McClureNew York Court of Appeals · 1885
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
- Gittings v. RusselAppellate Division of the Supreme Court of the State of New York · 1906
- Allen v. WilkinsMassachusetts Supreme Judicial Court · 1862
3Cited by4 opinions
- In re AlbersAppellate Division of the Supreme Court of the State of New York · 1923
- Conlon v. Union Dime Savings BankAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Judicial Settlement of the Accounts of HammerNew York Surrogate's Court · 1918
- Rovello v. KleinAppellate Division of the Supreme Court of the State of New York · 2004