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Lynch v. Lynch

Appellate Division of the Supreme Court of New York, Third Department
Nov 23, 1938
255 App. Div. 921 (N.Y. App. Div. 1938)

Opinion

November 23, 1938.

Appeal from Supreme Court.

Present — Hill, P.J., McNamee, Crapser, Bliss and Heffernan, JJ.


The action was brought to obtain an accounting as to a deposit of $5,381.04 in the Binghamton Savings Bank. Matthew C. Lynch, deceased, and defendant were brothers. They were bachelors until defendant married in 1932. In 1915 the brothers as tenants in common purchased real estate in the city of Binghamton. Rents received from the property were deposited in the Binghamton Savings Bank in the form "Joseph E. Lynch, Matthew C. Lynch, joint account; either or the survivor may draw." Upon the death of Matthew there remained in the account the sum heretofore stated. The plaintiffs contend that the account was a partnership one. Defendant asserts that by virtue of section 249, subdivision 3, of the Banking Law title to the deposit vested in him upon the death of his brother. Judgment unanimously affirmed, with costs.


Summaries of

Lynch v. Lynch

Appellate Division of the Supreme Court of New York, Third Department
Nov 23, 1938
255 App. Div. 921 (N.Y. App. Div. 1938)
Case details for

Lynch v. Lynch

Case Details

Full title:HENRY P. LYNCH, as Ancillary Executor, etc., of MATTHEW C. LYNCH…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 23, 1938

Citations

255 App. Div. 921 (N.Y. App. Div. 1938)