Pope v. Burlington Savings Bank
Supreme Court of Vermont
Assumpsit brought in the City Court of Burlington by the executor of Sidney Barlow’s will against the defendant, in which action Marion Cushing was cited to appear as claimant under sec. 3578, R. L. Judgment fon the plaintiff. By the custom of the bank, to prevent frauds in case of loss of deposit book, no name of a depositor appeared on their deposit book, but merely a number.
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Assumpsit brought in the City Court of Burlington by the executor of Sidney Barlow’s will against the defendant, in which action Marion Cushing was cited to appear as claimant under sec. 3578, R. L. Judgment fon the plaintiff. By the custom of the bank, to prevent frauds in case of loss of deposit book, no name of a depositor appeared on their deposit book, but merely a number. On a register, kept in the bank, these numbers were inscribed and against each number were seperate columns for the names, residence, occupation, age and date of birth of the depositor, together with such remarks or…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
I. The deposit by Barlow in the name of Marion Cushing, the claimant, cannot be sustained as a gift inter vivos. It was his money, and, although deposited in her name, it was made payable solely to himself during his life, he retaining the pass book and having absolute control of the deposit, and she being neither a party to, nor having any knowledge of the transaction. Where there are no conditions to a gift an acceptance *288may be implied; but a delivery is an indispensable requisite in order to constitute a completed gift; and as a general…
2Cases cited13 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Young v. . YoungNew York Court of Appeals · 1880
- Taylor v. HenryCourt of Appeals of Maryland · 1878
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Conn. River Savings Bank v. AlbeeSupreme Court of Vermont · 1892
- Eschen v. SteersCourt of Appeals for the Eighth Circuit · 1926
- Little v. LittleSupreme Court of Vermont · 1964
- Tobin v. TobinWisconsin Supreme Court · 1909
- Goelz v. People's Savings BankIndiana Court of Appeals · 1903
8 more not listed; retrieve them via the Exa API.