Johnbaptist v. East Side Savings Bank

Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding of negligence on the part of the defendant is against the weight of the evidence. All concur, except Taylor and Lewis, JJ., who dissent and vote for affirmance. (The judgment affirmed a judgment of the Rochester City Court for recovery of deposit paid out on a forged withdrawal order.) Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.