IRVING TRUST CO. v. ROSE

No. 3488.

67 F.2d 89 (1933)

IRVING TRUST CO. v. ROSE.

Circuit Court of Appeals, Fourth Circuit.

October 3, 1933.


Attorney(s) appearing for the Case

Cotton, Franklin, Wright & Gordon, Henry H. Dinneen and Paxton Blair, all of New York City, for appellant.

Edward T. Miller, of Easton, Md., for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


SOPER, Circuit Judge.

This action at law was brought in the District Court by the trustee in bankruptcy of a firm of New York stockbrokers, as plaintiff, to recover from a customer a balance due the firm when the petition in bankruptcy was filed. Pleas were filed by the customer, as defendant, denying liability on the ground that the account had been paid through the enforcement of a lien held by the firm upon certain securities deposited with it by a guarantor. A...

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