¶1The letters of Margaret Hayes, referred to in the opinion of Mr. Justice Henry T. Kellogg, make it plain that the transfer did not make her the owner of the bank deposits, and I favor reversal for that reason. I am inclined to think that under section 144 of the Banking Law (now Banking Law, § 249) the judgment might otherwise stand. (Clary v. Fitzgerald, 155 App. Div. 659; 213 N. Y. 696.) But it is unnecessary to consider that question.
189 A.D. 449
Hayes v. Claessens
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 1919
Appellate Division of the Supreme Court of the State of New York · decided 1919-11-12
Appeal by the defendant, Frederick C. Claessens, as administrator, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Rensselaer on the 4th day of February, 1919, and also from an order of the Supreme Court made at the Rensselaer Special Term and entered in the office of the clerk of the said county on the 11th day of April, 1919, denying defendant’s motion to set aside the judgment and to grant a reargument.
Relies on Clary v. . Fitzgerald
Decided 1919-11-12