Doyle v. Chatham & Phenix National Bank

227 A.D. 630 Court N.Y. App. Div. English

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Majority

p. 630

John A. Doyle, Appellant, v. The Chatham and Phenix National Bank of the City of New York, Respondent.

—Judgment affirmed, with costs. No opinion. Rich, Carswell and Scudder, JJ., concur; Lazansky, P. J., dissents and

p. 631

votes for reversal and a new trial upon the ground that there was proof of bad faith; Hagarty, J., concurs with Lazansky, P. J., but is further of opinion that defendant was guilty of gross negligence within the meaning of the trust indenture.