
    John B. Kearny, Respondent, v. Metropolitan Trust Company of the City of New York, Appellant.
    
      Kearny v. Metropolitan, Trust Co., 110 App. Div. 236, affirmed.
    (Argued December 5, 1906;
    decided December 21, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1906, affirming a judgment in favor of plaintiff entered, upon a verdict directed by the court and an order denying a motion for a new trial in an action to recover an alleged balance of a deposit account.
    
      Charles E. Rushmore for appellant.
    
      Howard R. Ba/yne and Walter L. Me Córlele for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., O’Brien, Edward T. Bartlett, Haight, Yann, Willard Bartlett and Chase, JJ.  