
    Gabriel A. Bobrick, Respondent, v. The Second National Bank of Hoboken, Appellant.
    
      Bobrick v. Second Nat. Bank of Hoboken, 175 App. Div. 550, affirmed.
    (Argued October 9, 1918;
    decided October 29, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 20, 1916, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover the amount of three checks drawn by the defendant bank,- at the request of one of its depositors, on the National Park Bank of New York in favor of plaintiff. The checks were delivered to the plaintiff, but when presented at the New York bank payment was refused. The defense pleaded is that the checks were given by defendant to plaintiff without consideration at the request of a depositor in the defendant’s bank; that under instructions of said depositor, after the checks were given, their payment was stopped.
    
      James A. Davis for appellant.
    
      Barclay E. V. McCarty for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Caedozo, Pound, Cbane and Andrews, JJ.  