Snedden v. Central Valley National Bank — 225 N.Y. 725

Majority

p. 725

John L. Snedden, Respondent, v. Central Valley National Bank, Appellant.

Headnote

Snedden v. Central Valley Nat. Bank, 173 App. Div. 970 , affirmed.

(Argued February 5, 1919;

decided February 25, 1919.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1916, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was brought to recover the balance of a deposit made in defendant bank by Power Development Com,

p. 726

pony, a corporation, plaintiff's assignor. The defendant admitted receipt of the deposit, sought to justify retention of the balance on the ground that the power company wrote a letter to a third person, which letter defendant claimed gave it the right to appropriate the corporate funds to the payment of an individual indebtedness of said third person.

Charles H. Tuttle and Martin A. Schenck for appellant.

Reid L. Carr for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Caedozo, Pound and Andeews, JJ. Not sitting: McLaughlin, J.