Legal Opinion

Decker v. Union Dime Savings Institution

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1897PublishedCited by 13 opinions

Appeal by the defendant, Lavinia A. Du Bois, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of June, 1896, upon the decision of the court rendered after a trial at the New York Special Term. This appeal was transferred from the first department to the second department.

1Opinion of the Court

Hatch, J. :

It is conceded that William F. Du Bois, in his lifetime, deposited in the Union Dime Savings Institution the sum of $4,086.50. The account was opened and the deposit made, upon request of Du Bois, in these words : “ William F. Du Bois, trustee for Ellenora II. Decker (address 435 Hudson Street), widow, (age) 67, (parents’ name) Samuel, Sarah, (occupation) awnings. The number of the account is 180.769 ; the date it was opened, 31st day of July, 1886.” Du Bois and Decker were brother and sister. The former was a widower, and had been since 1882. He remarried in December of the same…

2Cases cited5 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Martin v. . FunkNew York Court of Appeals · 1878
  3. Mabie v. . BaileyNew York Court of Appeals · 1884
  4. Cunningham v. . DavenportNew York Court of Appeals · 1895
  5. Leavitt v. . WolcottNew York Court of Appeals · 1884

3Cited by13 opinions

  1. Robertson v. McCartyAppellate Division of the Supreme Court of the State of New York · 1900
  2. Williams v. Brooklyn Savings BankAppellate Division of the Supreme Court of the State of New York · 1900
  3. Jenkins v. BakerAppellate Division of the Supreme Court of the State of New York · 1902
  4. Peoples Savings Bank v. WebbSupreme Court of Rhode Island · 1899
  5. Harrison v. TottenAppellate Division of the Supreme Court of the State of New York · 1900

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