Milkman v. Bishop

In an action to recover the balance of a fund deposited as security for indebtedness, defendant appeals, by permission of this court, from an order of the Appellate Term modifying, and, as modified, affirming a judgment of the Municipal Court of the City of New York, Borough of Brooklyn. Order of the Appellate Term reversed on the law, judgment of the Municipal Court vacated, and complaint dismissed, with costs in all courts. The undisputed facts establish that the plaintiff is entitled to recover the balance of the fund on deposit with the defendant, in the sum of $145.86; and that by reason…