From Casetext: Smarter Legal Research

Podmore v. Seamen's Bank

City Court of New York, General Term
Jun 1, 1901
35 Misc. 379 (N.Y. City Ct. 1901)

Summary

In Podmore v. Seaman's Bank, 35 Misc. 379, an administrator sued the bank to recover a deposit standing in the name of the deceased and which the bank had paid to an alleged donee.

Summary of this case from Matter of Herrington

Opinion

June, 1901.

Henry S. Wardner, for appellant.

Hymes, Woytisek Schaap (Michael Schaap and Edward Hymes, of counsel), for respondent.


We think that the court at Trial Term erred in striking out the testimony of Bridget Reilly, and in not submitting to the jury the question as to whether there had been a gift to her of the money deposited and the account, kept with the defendant bank, already paid over and closed — it was the direct issue involved under the defendant's pleading.

Mrs. Reilly is not an interested party, to be precluded from testifying, under section 829 of the Code of Civil Procedure, is not a party at all, nor "a person from, through or under whom such a party * * * derives his interest." The bank, it appears, in no way succeeded to her title, and she is not "interested in the event," within the meaning of the statute, and could not be bound by the judgment, whichever way it should go; for these reasons her testimony was competent, 62 N.Y. 80; 104 id. 507; 113 id. 242.

Judgment and order should be reversed and a new trial ordered, with costs to appellant to abide the event.

O'DWYER, J., concurs.

Judgment and order reversed and new trial ordered, with costs to appellant to abide event.


Summaries of

Podmore v. Seamen's Bank

City Court of New York, General Term
Jun 1, 1901
35 Misc. 379 (N.Y. City Ct. 1901)

In Podmore v. Seaman's Bank, 35 Misc. 379, an administrator sued the bank to recover a deposit standing in the name of the deceased and which the bank had paid to an alleged donee.

Summary of this case from Matter of Herrington
Case details for

Podmore v. Seamen's Bank

Case Details

Full title:JOHN PODMORE, Administrator, Etc., of ANNIE PODMORE, Deceased, Respondent…

Court:City Court of New York, General Term

Date published: Jun 1, 1901

Citations

35 Misc. 379 (N.Y. City Ct. 1901)
71 N.Y.S. 1026

Citing Cases

In re the Estate of Ratz

A decree against the respondent in this proceeding, directing him to pay a specific sum to the petitioning…

Matter of Herrington

" This case further holds that, because a witness is a "party" as administrator, he is not disqualified, and…