
    First Department,
    October, 1927.
    George H. Newhall and Edward J. Littlefield, as Receivers of Kingston Trust Company, Appellants, v. Longacre Bank, Respondent.
    Appeal from a judgment of the Supreme Court in favor of the defendant, entered in the New York county clerk’s office November 22, 1926, upon a verdict in favor of the defendant directed by the court-, a jury having been waived by stipulation, and also from an order entered December 6, 1926, denying plaintiffs’ motion for a new trial made upon the minutes.
   Per Curiam.

On this record plaintiffs could not have the judgment they seek against defendant bank, in the absence of its depositor as a party. The denial of the motion to bring in the depositor was the result of plaintiffs’ insistence that the depositor be kept out of the action; and it does not imply that plaintiffs can take the funds without any adjudication against the depositor. The judgment should be affirmed, with costs. Present — Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ. Judgment and order affirmed, with costs.  