Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The questions of fact have not been considered. The trial court refused to allow either of the defendants (who are brothers) to testify as to his intent when creating his respective joint savings account naming plaintiff, his sister, as codepositor. The action was based upon subdivision 3 of former section 239 of the Banking Law. Under that statute and its successor (Banking Law,...
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