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Hermann v. Brighton German Bank Co.

16 Ohio N.P. (n.s.) 47 (1914)

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Hermann v. Brighton German Bank Co.

Cincinnati Superior Court

16 Ohio N.P. (n.s.) 47 (1914)

Facts

Louis Hermann (plaintiff) was physically and financially dependent on his sister, Rose Boone. Boone owned two bank accounts in her name. Boone also went to Brighton German Bank Company (the bank) (defendant) and asked to deposit money for her brother. The bank opened a savings account in the name of “Rose B. Boone for L. P. Hermann.” Boone kept the passbook for the account in her own safe-deposit box and occasionally made deposits into the account from her own funds. Boone never withdrew any money from this account. Eventually, Boone became ill and died. Boone’s estate did not have enough residue to pay all Boone’s debts and funeral expenses. A dispute arose about whether the money in the savings account marked “for L. P. Hermann” belonged to Boone—and therefore went to her creditors—or whether Boone had gifted that money to Hermann.

Rule of Law

Issue

Holding and Reasoning (Oppenheimer, J.)

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