Opinion
No. 287, Docket 20659.
July 1, 1947.
On appeal by the defendant, Orator Frank Woodward, from a summary judgment of the District Court for the Southern District of New York, directing the clerk of the court to withdraw from its registry and pay to the defendant, Mary Trask Woodward, the sums therefor deposited by the plaintiff to the credit of the action aggregating twenty-four thousand ($24,000) dollars; and granting other relief.
George J. Skivington, of Rochester, N.Y., for appellant.
Paul W. Williams and Robert M. Bozeman, both of New York City, for appellee.
Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.
Affirmed on the authority of Esenwein v. Esenwein, 325 U.S. 279, 65 S.Ct. 1118, 89 L. Ed. 1608, 157 A.L.R. 1396; Estin v. Estin, 296 N.Y. 308, 73 N.E.2d 113; and Bassett v. Bassett, 9 Cir., 141 F.2d 954.