Opinion
March 10, 1932.
Appeal from the Municipal Court, Borough of Manhattan, Fifth District.
Moses Singer, for the appellant.
Abraham Singer, for the respondent.
By virtue of the provisions of the agreement between the bank and its depositor, as well as the right given to the bank under section 151 Debt. Cred. of the Debtor and Creditor Law, the bank was justified in applying the credit balance of the judgment debtor toward the payment of his unmatured indebtedness to the bank.
Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.
All concur; present, LYDON, FRANKENTHALER and UNTERMYER, JJ.