Smith v. First National Bank — 220 N.Y. 727

Majority

p. 727

Frank G. Smith, Respondent, v. First National Bank of Albany et al., Appellants.

Headnote

Smith v. First Wat. Bank of Albany, 164 App. Div. 905 , affirmed.

(Argued March 21, 1917;

decided April 17, 1917.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 22, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action brought to have the plaintiff adjudged the owner of a one-half interest in the proceeds of the sale of a certain property pledged by the plaintiff and the defendant Henry Patton with the defendant bank, and to compel the hank to account to him therefor.

James F. Tracey for First National Bank, appellant.

p. 728

George Lawyer and John C. Watson for Henry Patton et al., appellants.

Richard J. Donovan and Herbert D. Cohen for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscook, Oh. J., Chase, Collin, Hogan, Cardozo, McLaughlin and Andrews, JJ.