Brown v. Brown
New York Supreme Court
ON the 20th day of October, 1852, Charles Brown, jr. went with his wife to the Rochester Savings Bank, where he deposited $500, saying “he wanted it so that either he or his wife could draw the money.” Both entered their names on the signature book, opposite which the clerk of the bank wrote the words “to be drawn by either.” The account was opened with Mr. Brown, and a pass book was given as a voucher for the deposit, which book he took away with him.
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ON the 20th day of October, 1852, Charles Brown, jr. went with his wife to the Rochester Savings Bank, where he deposited $500, saying “he wanted it so that either he or his wife could draw the money.” Both entered their names on the signature book, opposite which the clerk of the bank wrote the words “to be drawn by either.” The account was opened with Mr. Brown, and a pass book was given as a voucher for the deposit, which book he took away with him. Mr. Brown died in the afternoon of the 5th of-January, 1853, and on the following day Mrs. Brown, the defendant, drew the money ; giving…
1Opinion of the Court
By the Court, T. R. Strong, J.
The money in question, before it was deposited in the banlc, belonged to the plaintiff’s intestate, the husband of the defendant. It was the proceeds of a sale by him of his house and lot, and some of his furniture, in which it does not appear that the defendant had any legal interest. Her labor had contributed to the acquisition of the property, and in a greater degree than that of the intestate, according to his declaration to one of the witnesses; but he, as her husband,.was entitled to her services and earnings, and the property belonged to him. There is…
2Cited by6 opinions
- Marshall & Ilsley Bank v. VoigtWisconsin Supreme Court · 1934
- Burns v. BurnsMichigan Supreme Court · 1903
- Skillman v. WiegandNew Jersey Court of Chancery · 1896
- In re the Estate of Mart E.New York Surrogate's Court · 1906
- Schick v. GroteNew Jersey Superior Court Appellate Division · 1886
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