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UNITED STATES v. NATIONAL CITY BANK OF NEW YORK

90 F.Supp. 448 (1950)

UNITED STATES v. NATIONAL CITY BANK OF NEW YORK et al. STEINGUT et al. v. NATIONAL CITY BANK OF NEW YORK.

United States District Court S. D. New York.

May 5, 1950.

Attorney(s) appearing for the Case

Irving H. Saypol, United States Attorney, New York City, for the United States. Samuel M. Lane, Special Assistant to the Attorney General, Leanora S. Gruber, New York City, Herman Marcuse, New York City, of counsel.

Halperin, Natanson & Scholer, New York City, for the receivers. Albert R. Connelly, Samuel L. Scholer, Samson Selig, L. D. Simpson, New York City, of counsel.

Shearman & Sterling & Wright, McClellan & Shrewsbury, New York City, for Defendant National City Bank of New York. Joseph M. Proskauer, Philip A. Carroll, Otey McClellan, J. Alvin Van Bergh, Martin J. Cunningham, New York City, of counsel.

RIFKIND, District Judge.

The first entitled action was commenced on August 1, 1947 and the second, on March 28, 1939. Both were tried to the court together.

In form the first is an action by the assignee of a bank-account against the bank for the balance owing to the depositor, demand having been made and refused. In addition, the complaint seeks a declaration that the Receivers have no interest in the deposit-account.1 The simplicity...

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