Opinion
October 1, 1941.
Appeal from Schenectady County.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Foster, JJ.
This action is brought to recover the amount of a bank account opened in the name of Schaffer and Lake in the predecessor of the defendant bank. The fifth and partial defense contained in the defendant bank's answer alleges, in effect, that the plaintiff was not the owner of the account and that the bank had paid the amount thereof to certain other persons. Order unanimously affirmed, with twenty-five dollars costs and disbursements.