
    Archibald B. Barker, Appellant, v. Liberty Bank of Jamestown, N. Y., Respondent.
    (Argued May 15, 1925;
    decided July 15, 1925.)
    
      Banks and banking — bills, notes and cheeks — action to recover balance of deposit in bank — defense that deposit was made as collateral security for payment of note made by president of depositor for its benefit — undisclosed principal.
    
    
      Barker v. Liberty Nat. Bank of Jamestown, 213 App. Div. 846, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 18, 1925, affirming a judgment in favor of defendant entered upon the report of a referee. The action was to recover a balance unpaid of a deposit made with defendant by a Canadian bank, plaintiff’s assignor. The defense was that the deposit was made as collateral security for the payment of a note made by the president of the Canadian bank with the knowledge and for the benefit of said bank which was the undisclosed principal in the transaction and received the proceeds of the loan.
    
      John S. Leonard and Louis L. Thrasher for appellant.
    
      Lee L. Ottaway and McKinley L. Phillips for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Pound, McLaughlin, Crane and Lehman, JJ. Dissenting: His cock, Ch. J., Cardozo and Andrews, JJ.  