
    MINTZER v. MECHANICS’ & TRADERS’ BANK et al.
    (Supreme Court, Appellate Division, Second Department.
    January 21, 1910.)
    Action by Barnet Mintzer against the Mechanics’ & Traders’ Bank and Samuel Lieberman, interpleaded.
   PER CURIAM.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, upon the grounds that the court had no power to dismiss the complaint on the merits before defendant rested, that plaintiff made a “prima facie” case, and that judgment could not have been rendered for the defendant, in the absence of evidence establishing defendant’s right to the money.  