105 Misc. 324 | N.Y. Sup. Ct. | 1918
The plaintiff herein alleges that a former trustee of the estate of Lillian F. Dechert, deceased, opened an account in the name of the estate in the Garfield National Bank and deposited therein moneys which came into his possession as said trustee and drew sundry checks upon the account in the Garfield National Bank to his personal order and indorsed and deposited the same with the defendant in the account which he had opened with it in his own name, and the defendant received the proceeds thereof and credited the said proceeds to the account which the defendant had opened in his own name. The former trustee also opened an account with the defendant in the name of the estate and from time to time deposited therein moneys which came into his possession as trustee and. belonged to the said trust estate. The trustee also drew checks upon this account to his personal order, deposited them with the defendant to his personal account, and the defendant credited his per
Demurrer overruled, with costs.