KING v. MFRS. TRUST CO.


282 A.D. 1036 (1953)

Joseph T. King, as Collector of the Personal Property Assets of The Estate of Henry A. McDonald, Deceased, Respondent, v. Manufacturers Trust Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1953.


Judgment affirmed, with costs.

PECK, P. J. (dissenting).

In the face of an admirable charge by the court, which so carefully delineated the issues for the jury, I would not dissent did I think that the evidence left a jury issue. In my opinion, however, defendant bank was entitled to the benefit of subdivision 3 of section 134 of the Banking Law and its own practice and advice to its depositor in accordance therewith requiring the submission of...

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