Gallagher v. American Savings Bank — 167 A.D. 925

Majority

p. 925

Joseph Gallagher, as Committee of the Estate, Real and Personal, of Charles Pelsoczy, an Incompetent Person, Plaintiff, v. The American Savings Bank, Defendant.

Headnote

Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.

All the parties necessary to a determination of the controversy are not before the court. The proceeding must, therefore, be dismissed. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Ingraham, P. J., dissented on the ground that the plaintiff, as committee of the trustee, is entitled to the possession of the trust funds.