
    New York Title and Mortgage Company, Appellant, v. Title Guarantee and Trust Company, Respondent, Impleaded with Others.
    
      Fraud — one who receives money in good faith in payment of a debt due to it and without notice of fraud not liable at suit of one from whom money was fraudulently procured.
    
    
      N. Y. Title & Mortgage Co. v. Title Guarantee & Trust Co., 206 App. Div. 490, affirmed.
    (Argued February 27, 1924;
    decided April 1, 1924.)
    Appeal from a judgment, entered December 19, 1923, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was to recover from defendant Title Guarantee and Trust Company money paid to it in satisfaction of a debt due it by defendant Stainton which money, plaintiff alleged, was procured from it through the fraud of said Stainton. The Appellate Division held that the Title Guarantee and Trust Company acted in good faith and without any notice of fraud.
    
      James R. Leering for appellant.
    
      Lynn G. Norris and Edward M. Perry for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  