Newhall v. Longacre Bank — 221 A.D. 837

Majority

p. 837

First Department,

October, 1927.

George H. Newhall and Edward J. Littlefield, as Receivers of Kingston Trust Company, Appellants, v. Longacre Bank, Respondent.

Headnote

Appeal from a judgment of the Supreme Court in favor of the defendant, entered in the New York county clerk’s office November 22, 1926, upon a verdict in favor of the defendant directed by the court-, a jury having been waived by stipulation, and also from an order entered December 6, 1926, denying plaintiffs’ motion for a new trial made upon the minutes.

On this record plaintiffs could not have the judgment they seek against defendant bank, in the absence of its depositor as a party. The denial of the motion to bring in the depositor was the result of plaintiffs’ insistence that the depositor be kept out of the action; and it does not imply that plaintiffs

p. 838

can take the funds without any adjudication against the depositor. The judgment should be affirmed, with costs. Present — Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ. Judgment and order affirmed, with costs.