Gifford v. McCullough — 235 N.Y. 528

Majority

p. 528

Emory Gifford, as Executor of Augustus C. Gifford, Deceased, Respondent, v. Addie McCullough, Appellant. Emory Gifford, as Executor of Augustus C. Gifford, Deceased, Respondent, v. Emma Perkins, Appellant.

Headnote

Decedent’s estate — deposits in name of decedent and daughter — action by executor to recover same.

Gifford v. M.cCullough, 201 App. Div. 872 , affirmed.

Gifford v. Perkins, 201 App. Div. 872 , affirmed.

(Argued January 19, 1923;

decided February 2, 1923.)

Appeal, in each of the above-entitled actions, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 17, 1922, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed

p. 529

by the court. The actions were instituted to recover for the alleged conversion of certain certificates of deposit of the State Bank of Sherman, claimed by the plaintiff to belong to the estate of Augustus C. Gifford, deceased. Four deposits were payable to “ self or Addie McCullough ” and four to “ self or Emma Perkins.” The defense of each defendant was that said certificates of deposit were owned by them and said decedent, Augustus C. Gifford, as joint tenants, and that upon his death the sole title thereto vested in them respectively.

Arthur B. Ottaway for appellant.

Louis L. Thrasher for respondent.

Judgment in each case affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound and Andrews, JJ. Dissenting: Hogan, McLaughlin and Crane, JJ.