
    Fanny Forschirm, Appellant, v. Mechanics and Traders Bank of the City of New York, Respondent.
    (Submitted November 22, 1912;
    decided December 10, 1912.)
    
      Forschirm v. Mechanics & Traders Bank, 137 App. Div. 149, reversed.
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 11, 1910, which reversed a determination of the Appellate Term affirming a judgment of the City Court of the city of New York in favor of plaintiff and granted a new trial in an action to recover interest on a deposit in the defendant bank covering a period during which said bank was in the hands of the state superintendent of banks and of temporary receivers.
    
      Joseph Cans for appellant.
    
      F. Sidney Williams, Edward M. Grout and Paul Grout for respondent.
   Order of Appellate Division reversed and determination of Appellate Term affirmed, with costs in both courts, on dissenting opinion of Clarke, J., below.

Concur: Cullen, Oh. J., G-ray, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.  