The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-18
LOUIS GENrIL's $4,000.
The Confusion Of the Executors. and n Futile
Suit AGAINST n savings Bank.

Miss Frances Gentil of Brooklyn, sued
the Mechanics and Traders Savings Institution
for S2,1S9.38, money due the estate OF her de-
ceased brother, Louis, OF which she IL an exc
cutrix. Her brother, who was a jeweller In
Pearl street. died In March, 1874, leaving about
10000 deposited In seven different savings
banks. MIR. Maerz, bis uncle, executed the will
In conjunction with Miss Gen,il. The trial was
before Judge Sanford. of the Supreme Court, on
Tuesday. Miss Gentirs claim was overthrown
In manner that caused the lawyers opposed to
her, the Court, and the Jury, to marvel what
motive could have Induced her to begin the
action. Although she averred she had never
drawn her brothers money from the Institution,
the most complete proof to the contrary was
shown. draft, in the form OF a receipt signed
by her and by her coexecutor, MIR. Mserz. ma lie
out for the full amount, was produced, and to
still further strengthen the impression II m ade.
her bank book and the books OF the institution
containing entries In accordance with the draft
were shown. MIR. LsyDdccker. once an agent Of
the plaintiff, ewore that he accompanied her
when she drew the money from the bank.
he other side Of the case wa, developed in
the testimony of George &. Furman, Miss Gem
til's attorney. lilo testified that In November,
1874. after size and Mr.. Deynderker had visi ed
several OF the banks IN which he money OF the
estate was deposited, he W y engaged To straight
en- her accounts She had drawn ~ the neigh
borhood Of $4,000 from the various savings
banks, but hau given her memor indum to her
executor and he h d refused to return II o her.
4 he want of harmony between the executors
was what brought about the employment OF Nr.
Furm IN. Furm n found Miss Gentil's accounts
mucn confused, aud to- supply the loss Of the
memorandum he made inquiries at the various
banks rs to the balances IN iavor OF the estate.
From the Secretary OF the Mechanics aud
Traders Bank he learned that no pay
ments had been made To the execu-
tors Of the estate. In January. 1873 he was adj
Wis I'd by Abel Crook. the attorney for tue Uank,
to have the account changed SO that it should
he sur jert to tue executors. With Miss Gentil
he visited the bank The books were examined,
and " was shown tntt some one signing the
name OF the decea ed, Louis Gentil, bad drawn
two checks for sums amounting to tl,4OO one
oneck being dated October, 1874 and the other
November, 1874. eight months after Slr. Gentil's
death. There renamed balance Of $3.50 - due
the estate. Mr. Furman applied to z. Maerz,
vino knew notui ~ II ". aud to Mr.. Leyndecker,
who WIS then unable to say whether the Me-
chanIcs' and Traders' was among tho banks from
whi Miss Gentil had drawn money In his COM
pany.
Inc action against the bank was then begun.
The check for the tull amount, signed by both
yeTs. Ihev we're certain that at least $500
due their client. Mr. Mlerz recognized ms sig
nature to the DRAFT: sud although Miss Gentil
swore she had not drawn the money, shs could
not swear {, at the signature OF her name was
not IN her own handwriting, although she be-
neved II was not. Ite Court declared that II
the mi ney was paid tn ell h-t OF the executors.
the bank wis not responsible Tor the loss OF II TO
the otner executor. 1he Jury remained out
three minutes, and returned with verdict for
the defelCaut.