POERSCH v. ELDRIDGE


36 A.D.2d 193 (1971)

Mathias P. Poersch, as Executor of Walter L. Canwright, Deceased, Respondent-Appellant, v. Miriam Eldridge, Also Known as Miriam Morgan, Appellant-Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 1, 1971.


Attorney(s) appearing for the Case

Alderman, Alderman, Samuels & Schepp (Bernard Samuels of counsel), for appellant-respondent.

John J. Costello and Mathias P. Poersch, in person, for respondent-appellant.

GOLDMAN, P. J., MARSH, WITMER and CARDAMONE, JJ., concur.


GABRIELLI, J.

Presented for review is the often mooted question of the rights of depositors in joint savings accounts. In an action brought for a declaration of the rights of the parties, plaintiff has been awarded title to one half of the bank account in question.

The undisputed facts reveal that in 1967 an account in the amount of $5,400 was opened in the defendant bank in the names of "Miriam K. Morgan...

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