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Samuel v. Public National Bank & Trust Co.

151 Misc. 200 Court Supreme Court, Appellate Term, First Department, Decision date 1932-03-10 English

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p. 200
Edgar A. Samuel, as Receiver of the Property of Joseph Dankowitz, Respondent, v. Public National Bank and Trust Company of New York, Appellant.[1]
Supreme Court, Appellate Term, First Department,
March 10, 1932.
p. 201
Moses & Singer, for the appellant.
Abraham Singer, for the respondent.

By virtue of the provisions of the agreement between the bank and its depositor, as well as the right given to the bank under section 151 of the Debtor and Creditor Law, the bank was justified in applying the credit balance of the judgment debtor toward the payment of his unmatured indebtedness to the bank.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Lydon, Frankenthaler and Untermyer, JJ.