Walsh v. Bowery Savings Bank
New York Court of Common Pleas
Appeal from city court, general term. Action by Mary Walsh against the Bowery Savings Bank, to récover money deposited with defendant by oneMary Duffy, (since deceased,) and given by her before her death to plaintiff.
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Appeal from city court, general term. Action by Mary Walsh against the Bowery Savings Bank, to récover money deposited with defendant by oneMary Duffy, (since deceased,) and given by her before her death to plaintiff. The complaint was as follows: “The plaintiff, by W. H. Began, her attorney, complaining of the above-named defendant, alleges: (1) On information and belief, that at all times hereinafter named the defendant was and is now a corporation, duly organized and existing under and by virtue of the laws of the state of New York, and having its principal place of business in the city of…
1Opinion of the CourtVan Hoesen, J.
Under the complaint, as it was originally drawn, it was proper to admit proof that the plaintiff acquired title by a donatio causa mortis. An amendment was not at all necessary, though the counsel for the defendant succeeded in frightening the plaintiff’s attorney into making a motion for leave to amend. Such leave was granted, but the defendant was not thereby prej udiced.
A good donatio causa mortis was proved. The money on deposit was given the plaintiff, and the bank-book was actually delivered to her by the donor to enable her to get the money. The donor was in expectation of impending…
2Cases cited1 opinion
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
3Cited by3 opinions
- Phinney v. State ex rel. StrattonWashington Supreme Court · 1904
- Gammond v. Bowery Savings BankNew York Court of Common Pleas · 1890
- Kirk v. McCuskerNew York Court of Common Pleas · 1893