IRVING NAT. BANK v. LAW

No. 46.

9 F.2d 536 (1925)

IRVING NAT. BANK v. LAW.

Circuit Court of Appeals, Second Circuit.

November 9, 1925.


Attorney(s) appearing for the Case

Morris, Plante & Saxe, of New York City (Guthrie B. Plante, Merton E. Lewis, and David S. Elkins, all of New York City, of counsel), for plaintiff in error.

Platt, Field & Taylor, of New York City (Martin Taylor and Almet Jenks, Jr., both of New York City, of counsel), for defendant in error.

Before ROGERS, MANTON, and HAND, Circuit Judges.


HAND, Circuit Judge (after stating the facts as above).

At the outset the question arises whether a decision of the Appellate Division of the Supreme Court of New York upon the meaning of a New York statute is so conclusive as to relieve us from the responsibility of any independent consideration, as a decision of the Court of Appeals of that state confessedly would do. So far as we have found, the Supreme Court has never directly passed upon that question, and it...

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