Mace v. Rockland County Trust Co.

Order in so far as appealed from, granting plaintiff's motion to strike out the affirmative defense contained in defendant’s amended answer, reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. On August 5, 1930, Michael J. Cary had $17,413.73 on deposit in defendant bank. On August 6, 7 and 8, 1930, the moneys on deposit were paid by defendant to plaintiff’s testator, who at that time was incompetent, although not judicially so declared. Subsequently Faber L. Cary, deceased’s son, obtained possession of the moneys, and Natalie F. Couch, as…