Denigan
Denigan v. Hibernia Savings & Loan Society
Opinion
Lead Opinion
Harrison, J.
July 6, 1886, Ellen Denigan deposited with the Hibernia Savings and Loan Society the sum of seventeen hundred dollars, and received from the bank a pass-book entitled “Ho. 133,369, Frank Denigan or Ellen Denigan in account with the Hibernia Savings and Loan Society.” There is no evidence of the form in which the account was opened upon the hooks of the hank, hut it is assumed that it was opened in the same form in which it was entered upon the pass-book. February 27, 1888, an additional deposit of thirteen hundred dollars was made with the bank and entered upon the passbook. Frank Denigan was the husband of Ellen, and at the times of the above deposits the moneys' so deposited were the separate property of Ellen. She died July 3, 1896, and at the time of her death the moneys so deposited, together with fifty-six dollars and twenty-five cents interest that had accumulated thereon, remained with the bank to the credit of the above account. October 19,1896, her surviving husband caused two thousand four hundred and thirteen dollars and thirty-three cents to be transferred upon the books of the bank from this account to a new account, and received from the bank a pass-book entitled…