Opinion
December 30, 1942.
In an action by plaintiffs, as bondholders, against the appellant bank, which is trustee of a $50,000 bond issue of Wallkill Manufacturing Co., a corporation, to recover damages for false representations by the bank by reason of its authentication of certain bonds of the Wallkill Manufacturing Co., defendant bank appeals from an order granting plaintiffs' motion to strike from its amended answer each of the defenses therein designated respectively as First, Fourth and Fifth. The appeal has been withdrawn as far as the same relates to the Fifth defense. Only the two other defenses have been considered. Order, in so far as now appealed from, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P.J., Carswell, Johnston, Adel and Taylor, JJ., concur.