Herpe v. Herpe

Appellate Terms of the Supreme Court of New York

Herpe v. Herpe

89 Misc. 142, 151 N.Y.S. 503

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1915

StatusPublished

Cited by2 cases

This text of 89 Misc. 142 (Herpe v. Herpe) 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

Herpe v. Herpe, 89 Misc. 142, 151 N.Y.S. 503 (N.Y. Ct. App. 1915).

Pincite

Opinion

Guy, J.

The action was brought to recover the amount of a savings bank deposit made on July sixth last by “I. Herpe in trust for Jennie Herpe.”

The answer offered to- pay the deposit into court or to surrender it upon being discharged of all liability therefrom.

No interpleader was had nor was there any payment into court.

On the trial defendant Herpe’s counsel in his behalf [143]*143withdrew his answer. Plaintiff testified that the deposit her husband made was her money; that her mother gave it to her; that it represented her savings.

Assuming that plaintiff may have an action in equity to establish a trust in her favor, she has none at law. Hemmerich v. Union Dime Savings Inst., 205 N. Y. 367, 371. Moreover, the Municipal Court has no jurisdiction of an equitable action. Consent does not and cannot confer jurisdiction of the subject-matter of an action beyond the Municipal Court jurisdiction.

Judgment reversed, with costs, and complaint dismissed, with costs to the appellant, without prejudice to an action in equity.

Bijur and G-avegan, JJ., concur.

Judgment reversed, with costs, and complaint dismissed, with costs.

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