Gallagher v. American Savings Bank

167 A.D. 925 | N.Y. App. Div. | 1915

Per Curiam:

All the parties necessary to a determination of the controversy are not before the court. The proceeding must, therefore, be dismissed. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Ingraham, P. J., dissented on the ground that the plaintiff, as committee of the trustee, is entitled to the possession of the trust funds.