McIntire v. National Nassau Bank 209 N.Y. 561

William H. McIntire, Respondent, v. The National Nassau Bank of New York, Appellant.

Reported below, 157 App. Div. 916.

(Argued October 20, 1913;

decided October 28, 1913.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 24, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover a balance on deposit in the defendant bank which had been paid on an alleged forged check.

The motion was made upon the ground of delay in prosecuting the appeal.

Isaac H. Levy for motion.

Marshal Stearns opposed.