Hyperlawhypertext legal database Gallagher v. American Savings Bank 152 N.Y.S. 323

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Gallagher v. American Savings Bank

152 N.Y.S. 323 Court N.Y. App. Div. Decision date 1915-03-26 Docket No. 6973 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J.,

Contents
p. 323
GALLAGHER v. AMERICAN SAVINGS BANK.
(No. 6973.)
(Supreme Court, Appellate Division. First Department.
March 26, 1915.)

Headnote

Submission of Controversy <3=16—Necessary Parties—Nonjoinder—Effect.
Where all the parties necessary to a determination of a submission of controversy are not before the court, the proceeding must be dismissed.
[Ed. Note.—For other cases, see Submission of Controversy, Cent. Dig. §§ 16-18; Dec. Dig. <3=16.]
Ingraham, P. J., dissenting.
Submission of controversy between Joseph Gallagher, as committee, and the American Savings Bank. Dismissed.
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGHLIN, CLARKE, and SCOTT, JJ.
p. 324
Stallo Vinton, of New York City, for plaintiff.
David Orr, of New York City, for defendant.

All the parties necessary to a determination of the controversy are not before the court. The proceeding must therefore be dismissed.

dissents, on the ground that the plaintiff, as committee of the trustee, is entitled to the possession of the trust funds.