Opinion
Submitted January 14, 1946
Decided March 7, 1946
Appeal from the Supreme Court, Appellate Division, Third Department, FOSTER, J.
J. Townsend Cassedy and George M. Northrop for appellant.
N. LeVan Haver for respondent.
Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that there was no evidence that the bank had notice that the withdrawal from the estate account was to be used for other than estate purposes.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, THACHER, DYE and MEDALIE, JJ. Taking no part: CONWAY, J.