Smith v. First Nat. Bank — 152 N.Y.S. 1151

Majority

p. 1151

SMITH v. FIRST NAT. BANK OF ALBANY et al.

(Supreme Court, Appellate Division, Third Department.

July, 1914.)

Headnote

Action by Frank G. Smith against the First National Bank of Albany, N. Y, and others. See, also, 151 App. Div. 317 , 135 N. Y. Supp. 985 .

Order denying motion for extra allowance affirmed, without costs. Judgment unanimously affirmed with costs.

This court disapproves of all findings of fact to the effect that the Gaspereaux property was pledged to secure the individual debts of the Pattons, or either of them, and to the effect that Henry Patton was given authority by the plaintiff to pledge the property for the payment of the notes of Henry Patton and Mary S. Patton, and to the effect that the Patton notes were used to the joint interest of Smith and Patton. This court specifically disapproves of the fifth, seventh, and thirty-second proposed findings submitted by the defendant bank and found by the trial court; also the ninth proposed finding presented by the defendant Henry Patton and found by the trial court.