Legal Opinion

Harrison v. Totten

New York Supreme Court

Decided December 15, 1899Published

Action to recover possession of bank books.

1Opinion of the CourtMcAjdam, J.

Assuming, as the court will, that the evidence produced by the plaintiff is true, the following findings and conclusions are made: 1. That the name of Florence Harrison, used in making the deposit with the Institution for the Savings of Merchants’ Clerks, was not intended to represent Rosalind Harrison, the plaintiff. 2. That, under the adjudicated cases, no' irrevocable trust was created in favor of the plaintiff in the other accounts in which her name was used. As the court said in Lee v. Kennedy, 25 Misc. Rep. 140, “ It is well established by a long line of decisions that the use by a…

2Cases cited4 opinions

  1. Martin v. . FunkNew York Court of Appeals · 1878
  2. Cunningham v. . DavenportNew York Court of Appeals · 1895
  3. Haux v. Dry Dock Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1896
  4. Lee v. KennedyAppellate Terms of the Supreme Court of New York · 1898

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