
    THE BOARD OF SUPERVISORS OF THE COUNTY OF SCHUYLER, Respondent, v. THE BANK OF HAVANA, Appellant.
    
      Deposit in bank by county treasure^' — when belongs to eounty.
    
    Where a county treasurer, who has deposited money belonging to the county in a hank, the account being kept in his name as “ treasurer,” and no money of his own being mixed therewith, becomes bankrupt, the balance of such account belongs to the county; payment thereof by the bank to an assignee in bankruptcy, constitutes no defense to an action brought by the county for its recovery.
    Appeal from a judgment in favor of tbe plaintiff, entered upon the trial of this action by the court without a jury.
    
      J. McGuire, for appellant. O. H. Hurd, for.respondent.
   Opinion

per Gu/ria/m.

Present — Learned, P. J., Boardman and James, JJ.

Judgment affirmed, with costs.  