Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscook and Chase, JJ.
Hemmerich v. Union Dime Savings Instn., 133 App. Div. 944, affirmed.
(Submitted October 11, 1910;
decided October 18, 1910.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 17, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to recover a sum of money theretofore deposited with defendant in trust for the plaintiff.
Oscar Englander and Harry A. Gordon for appellant.
C. H. Bovee and Frederick C. Tanner for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscook and Chase, JJ.
199 N.Y. 571
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