Summary
In Baxter v. Gillen (179 App. Div. 902) it was stated: "It is settled in New York that delivery of a savings bank book with the intent to pass title is a consummated gift. (Ridden v. Thrall, 125 N.Y. 572; 12 R.C.L. `Gifts,' § 23.)
Summary of this case from Shumsky v. Dime Sav. Bank, BklynOpinion
June, 1917.
It is settled in New York that delivery of a savings bank book with the intent to pass title is a consummated gift. ( Ridden v. Thrall, 125 N.Y. 572; 12 R.C.L. "Gifts," § 23.) This was not given on condition of a future marriage. (See Williamson v. Johnson, 9 L.R.A. 277; 62 Vt. 378.) Plaintiff was entitled to a finding of a gift consummated on March 19, 1916. The judgment is, therefore, reversed, with costs to the appellant, and directions to enter a decree for the plaintiff, with costs, upon findings to be settled in the order of reversal, on notice. Jenks, P.J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.