
    THE FARMER’S AND MECHANIC’S NATIONAL BANK OF BUFFALO, Plaintiff and Respondent, v. JOSEPH M. HAZELTINE, et al., Defendants and Appellants.
    
    Before Van Vorst and Speir, JJ.
    
      Decided March 3, 1879.
    Appeal by defendants from judgment and order denying motion for new trial on the minutes.
    
      C. Van Santvoord, attorney, and of counsel, for appellants.
    
      Fithian & Clark, attorneys, and Freeman J. Fithian, of counsel, for respondent.
    
      
       Decision in this case affirmed by the court of appeals, September 16, 1879; see 9 N. Y. Weekly Dig. 8; also see 43 Super. Ct. 546.
    
   Van Vorst, J.,

wrote for affirmance with costs, holding in substance:—This case involves the same principles as are presented in Farmer’s & Mechanic’s National Bank of Buffalo v. Logan, 74 N. Y. 568, and in Farmer’s & Mechanic’s National Bank of Buffalo v. Atkinson, Id. 587. The points urged by counsel for appellants are fully answered by the opinions in those cases. The maxim, nemo dab quod non habeb, applies.

Speir, J., concurred.  