Wharton v. Poughkeepsie Savings Bank

This action was brought to recover dividends accruing upon a bank deposit in the name of plaintiff’s intestate in the defendant bank which deposit on July 1, 1890, amounted to $1,027.72 and which sum on December 10, 1937, was paid over pursuant to section 274-a, now section 257, of the Banking Law to the Comptroller and by said Comptroller accounted for to the plaintiff, said unpaid dividends being alleged to amount to $6,920.33.

A motion was granted for summary judgment in the matter and the order and judgment were entered from which the appeal is taken.

In April, 1864, Robert K. Wharton…