Judgment reversed insofar as appealed from, on the law, without costs; new trial granted on the second cause of action in defendant's cross complaint; and said cause of action is severed.
The appeal did not present questions of fact. When a husband opens a joint bank account in the names of himself and his wife, with a right of survivorship, it is presumed that he intends a joint tenancy with his wife and that she thereby receives a present gift of a moiety or one...
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