Legal Opinion

Pelkey v. Pelkey

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

Decided June 29, 1932PublishedCited by 6 opinions

1Opinion of the CourtThompson, J.

The determination of this appeal turns upon the question whether certain facts alleged as a counterclaim are sufficient to make out a cause of action for an equitable accounting. The counterclaim avers that plaintiff and defendant opened two joint bank accounts under an agreement that the deposits made by defendant in one account and all the moneys of the other account were to be and remain his separate property; that plaintiff withdrew from the account first mentioned more than she deposited, and large sums from the second, the exact amount of such withdrawals being unknown to defendant;…

2Cases cited8 opinions

  1. Marvin v. . BrooksNew York Court of Appeals · 1883
  2. Fur & Wool Trading Co. v. George I. Fox, Inc.New York Court of Appeals · 1927
  3. Abbey v. . WheelerNew York Court of Appeals · 1902
  4. Jackson v. . StrongNew York Court of Appeals · 1917
  5. Symmers v. . CarrollNew York Court of Appeals · 1913

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3Cited by6 opinions

  1. Grossman v. Laurence Handprints-N.J., Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  2. Gersten-Hillman Agency, Inc. v. HeymanAppellate Division of the Supreme Court of the State of New York · 2009
  3. Stevens v. St. Joseph's HospitalAppellate Division of the Supreme Court of the State of New York · 1976
  4. Chalasani v. State Bank of IndiaAppellate Division of the Supreme Court of the State of New York · 1997
  5. Allen v. Thousand Island Park Corp.Appellate Division of the Supreme Court of the State of New York · 1966

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