Erie R. v. Mizell

KNIGHT, District Judge.

On April 29, 1932, plaintiff deposited with the Citizens’ National Bank & Trust Company of Hornell, N. Y., the sum of $30,-000. Plaintiff contends that this was a special deposit, and it brings this action to recover $18,274.26 claimed to be the balance thereof, after the deduction of certain checks paid by the bank. It is the defendant’s claim that the aetion must be dismissed both because there is a defect in the party defendant and that the deposit is a general deposit to be paid pro rata with other creditors.

The bank closed its doors at noon on April 30,1932. The…