Edwards v. Greenwich Savings Bank

Appellate Terms of the Supreme Court of New York

Edwards v. Greenwich Savings Bank

109 N.Y.S. 721

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 10, 1908

StatusPublished

This text of 109 N.Y.S. 721 (Edwards v. Greenwich Savings Bank) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edwards v. Greenwich Savings Bank, 109 N.Y.S. 721 (N.Y. Ct. App. 1908).

Pincite

Opinion

PER CURIAM.

The order appealed from recites the service of defendant’s notice of motion and petition upon Ernest Rabener, whom the bank seeks to have substituted as a defendant, and his default upon the .hearing. Plaintiff’s affidavit, read in opposition to the motion, contradicts Rabener’s written statement as to her mother’s incompetency at the time the account was transferred and a pass book issued to plaintiff. The fact that plaintiff in 1899 acquiesced in what may be regarded under the circumstances as the bank’s advice to her is immaterial. Her title is superior to any such alleged claim of Ernest Rabener, unless the latter shall substantiate it by proceedings in his own behalf to prove his statement. The caution of the bank, while commendable, has reached a proper limit, as nearly 14 years have elapsed since Mr. Rabener gave his notice, and he has taken no action.

Order reversed, without costs, except disbursements, to be taxed.

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PER CURIAM.

The order appealed from recites the service of defendant’s notice of motion and petition upon Ernest Rabener, whom the bank seeks to have substituted as a defendant, and his default upon the .hearing. Plaintiff’s affidavit, read in opposition to the motion, contradicts Rabener’s written statement as to her mother’s incompetency at the time the account was transferred and a pass book issued to plaintiff. The fact that plaintiff in 1899 acquiesced in what may be regarded under the circumstances as the bank’s advice to her is immaterial. Her title is superior to any such alleged claim of Ernest Rabener, unless the latter shall substantiate it by proceedings in his own behalf to prove his statement. The caution of the bank, while commendable, has reached a proper limit, as nearly 14 years have elapsed since Mr. Rabener gave his notice, and he has taken no action.

Order reversed, without costs, except disbursements, to be taxed.

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Bluebook (online)

109 N.Y.S. 721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-greenwich-savings-bank-nyappterm-1908.