285 A.D. 1074 | N.Y. App. Div. | 1955
In an action by a wife to recover one half of moneys withdrawn by her husband from a joint bank account, she appeals from an order of the Appellate Term which reversed a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, entered on a jury’s verdict in her favor and dismissed the complaint, without prejudice to an action in equity. Order modified on the law and the facts by striking therefrom the provision dismissing the complaint without prejudice to an action in equity and by adding a direction for a new trial, and, as so modified, order unanimously affirmed, without costs. There was no evidence of any agreement between the parties whereby their rights were to be other than those which arise from the mere establishment of a joint bank account. Presumably each was entitled, while both were alive,