NATIONAL CITY BANK OF NEW YORK v. GOESS

No. 281.

130 F.2d 376 (1942)

NATIONAL CITY BANK OF NEW YORK v. GOESS et al.

Circuit Court of Appeals, Second Circuit.

July 25, 1942.


Attorney(s) appearing for the Case

Joseph M. Proskauer, of New York City, for National City Bank and the banks.

Shearman & Sterling, of New York City, for plaintiff-appellant.

Milbank, Tweed & Hope, of New York City, for defendants-appellants Chase Nat. Bank of City of New York and Lawyers Trust Co.

Sullivan & Cromwell, of New York City, for defendants-appellants Bank of New York, Commercial Nat. Bank & Trust Co. of New York, and Marine Midland Trust Co. of New York.

Larkin, Rathbone & Perry, of New York City, for defendant-appellant Central Hanover Bank & Trust Co.

Spence, Windels, Walser, Hotchkiss & Angell, of New York City, for defendant-appellant Corn Exchange Bank Trust Co.

Davies, Auerbach, Cornell & Hardy, of New York City, for defendant-appellant Irving Trust Co.

Chadbourne, Wallace, Parke & Whiteside, of New York City, for defendant-appellant Manufacturers Trust Co.

Sage, Gray, Todd & Sims, of New York City, for defendant-appellant New York Trust Co.

Niles & Johnson, of New York City (Ralph Q. Kelly, of New York City, of counsel), for Federal Debenture Co. Inc., individually and as representative and on behalf of general creditors of Harriman Nat. Bank & Trust Co.

John Vance Hewitt and Conboy, Hewitt, O'Brien & Boardman, all of New York City (Edward F. Butler and Henry A. Jones, both of New York City, of counsel), for defendant-appellee, Frederick V. Goess, receiver of Harriman Nat. Bank & Trust Co. of City of New York.

Martin D. Jacobs, Hodges, Reavis, Pantaleoni & Downey, and Aaron W. Berg, all of New York City, for depositors Virginia H. Berg and others, trustees, individually and on behalf of all other depositors.

Charles Kimmich, pro se.

Raymond T. Heilpern and Krause, Hirsch & Levin, all of New York City, for impleaded defendant-appellee, Sydney Krause, of New York City, as trustee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


L. HAND, Circuit Judge.

The principal appeal herein is by the plaintiff from a judgment interpreting assignments executed to it and ten other banks by certain depositors of the Harriman Bank. The defendants other than the banks were later impleaded on motion of the receiver of the Harriman Bank who had been made a defendant; they were all depositors except Federal Debenture Company, which was, however, a creditor. The facts as developed upon the hearing were as follows...

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