Stewart v. State

This is a suit brought by the State in the District Court to recover money collected by A. Brown and his sureties, as administrator fro tem. of the estate of Jacob Luder (who is alleged to have died without heirs), the same having been distributed by said Brown without lawful authority. The estate consisted of one thousand dollars, deposited by Luder in the Bowery Savings Bank of New York, the evidence of which was in an account between the bank and Luder, contained in what is called in the pleadings a “ bank-book.”

*243Stewart, the intervener, sets up his claim in three different modes of…