Donovan

This action involves a sum of money deposited with defendant bank by Edward O’Kane. The defendant Hibernia Savings & Loan Society, a corporation, admits holding the amount, but sets up the fact that there is a dispute as to the ownership thereof. The attitude of the bank is simply that of a stakeholder awaiting the final determination of ownership, and it avers its willingness to pay the money to whomsoever the court may award it. The real controversy is between plaintiff, who claims the money by reason of a gift made to him by Edward O’Kane, and the defendant Hynes, the administrator of the estate of Edward O’Kane, who contends that no valid gift was ever made, and that O’Kane, never having parted with his title or right of ownership in and to the money, was the sole owner thereof at the time of his death, and that Hynes, as the administrator of the estate of said O’Kane, succeeds to the interest of the decedent for purposes of administration.

The case was tried by the court sitting with a jury, and the verdict of the jury being in favor of plaintiff, the judgment of the court was thereupon entered awarding the money in dispute pursuant to such verdict. Defendant Hynes…