
    Richard Croker, Jr., Respondent and Appellant, v. New York Trust Company, as Temporary Administrator of the Estate of Richard Croker, Deceased, Appellant and Respondent.
    (Argued October 13, 1926;
    decided November 16, 1926.)
    
      Loan — accounting — action to recover moneys alleged to have been loaned — defenses of payment and Statute of Limitations — counterclaim for accounting and transfer of property.
    
    
      Croker v. New York Trust Co., 215 App. Div. 681, affirmed.
    Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1925, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was to recover moneys alleged to have been loaned by plaintiff to defendant’s intestate. The answer set up the defenses of payment and the Statute of Limitations and as counterclaim demanded an accounting from plaintiff and a transfer of a certain warehouse alleged to be the property of defendant.
    Judgment affirmed, without costs;
    
      Harold Nathan for appellant.
    
      Frederick R. Ryan and Samuel A. Adamson for respondent.
   no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Not voting: Lehman, J.  