Crossman v. Naphtali
| Decision Date | 13 February 1948 |
| Citation | 160 Fla. 148,33 So.2d 726 |
| Parties | CROSSMAN v. NAPHTALI et al. |
| Court | Florida Supreme Court |
Rehearing Denied Feb. 27, 1948.
Appeal from Circuit Court, Dade County; Ross Williams, Judge.
Blackwell Walker & Gray, of Miami, for appellant.
Williams Salomon & Katz, of Miami, for appellee.
Appellees instituted suit seeking to have determined the right of ownership of a certain deposit in Dade Federal Savings and Loan Association which was evidenced by a certificate of membership together with the duly executed application for membership made by John Novak, now deceased and Alice Naphtali.
The application for membership was as follows:
'Joint Account.
(1) Novark (Surname), John (First Name), _____ (Middle Name)
(2) Naphtali, Alice
The undersigned hereby apply for a membership and for a Savings Share Account in the
Dade Federal Savings and Loan Association of Miami and for the issuance of evidence of membership in the approved form and in the joint names of the undersigned as joint tenants with the right of survivorship and not as tenants in common. Receipt is hereby acknowledged of a copy of the charter and by laws of said association. Specimens of the signatures of the undersigned are shown below and the association is hereby authorized to act without further inquiry in accordance with writings bearing any such signature; it being understood and agreed that anyone of the undersigned who shall first act shall have power to act in all matters related to the membership and may share account in said association held by the undersigned whether the other person or persons named in the certificate be living or not. The repurchase or redemption value of any such share account or other rights relating thereto may be paid or delivered in whole or in part to anyone of the undersigned who shall first act, and such payment or delivery of a receipt or acquitance signed by any one of the undersigned shall be a valid and sufficient release and discharge of said association.
Street Address 251 N.E. 2nd St.
City and State Miami, Florida
(2) Alice Naphtali
251 N.E. 2nd St.
Miami, Florida
Telephone _____ Occupation _____
Dated Nov. 3, 1941 Introduced by _____
*The certificate issued pursuant to this application for membership of joint holders must be filled out by inserting in the first blank space the names of the joint holders; for example: Joe Doe and Richard Doe, immediately followed by the words: as joint tenants with the right of survivorship and not as tenants in common. Joint tenants with the right of survivorship constitute one member as a partnership constitutes one member.'
The certificate of membership was as follows:
'Dade Federal Savings and Loan Association of Miami,
Miami, Florida
This certifies that John Novark and/or Alice Naphtali is a member of Dade Federal Savings and Loan Association of Miami and holds a Savings Share Account of said Association, subject to its charter and by laws and to the laws of the United States of America.
Witness the authorized signature of officer or employee this 29 day of October, 1941.
Carolyn Schaefer
Authorized signature.'
The application for membership and the certificate of membership must be read and construed together as constituting the contract between the parties....
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Kuebler v. Kuebler, 1798
...& L. Ass'n, 1945, 155 Fla. 412, 20 So.2d 400; Dodson v. National Title Ins. Co., 1947, 159 Fla. 371, 31 So.2d 402; Crossman v. Naphtali, 1948, 160 Fla. 148, 33 So.2d 726; Barbash v. Barbash, Fla.1952, 58 So.2d 168; Canova v. Florida Nat. Bank of Jacksonville, Fla.1952, 60 So.2d 627; In re E......
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Tanner v. Robinson
...Lynch, Pierce, Fenner, & Beane, 101 So.2d 603 (Fla. 3d DCA 1958), divestiture or delivery could not occur. Cf. Crossman v. Naphtali, 160 Fla. 148, 33 So.2d 726 (1948) (no gift of savings account); Dodson v. National Title Insurance Co., 159 Fla. 371, 31 So.2d 402 (1947) (no gift of escrowed......
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Crabtree v. Garcia
...by this Court in Cerny v. Cerny, 152 Fla. 333, 11 So.2d 777; Kozacik v. Kozacik, 157 Fla. 597, 26 So.2d 659; and Crossman v. Naphtali, 160 Fla. 148, 33 So.2d 726. See also Lynch v. Murray, 5 Cir., 139 F.2d 649 and a very enlightening discussion of the latter case in University of Florida La......
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