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CARR v. YOKOHAMA SPECIE BANK

No. 22509-S.

99 F.Supp. 4 (1951)

CARR v. YOKOHAMA SPECIE BANK, Limited, OF SAN FRANCISCO et al. McGRATH, Attorney General, v. CARR. CARR v. McGRATH, Attorney General.

United States District Court N. D. California, S. D.

August 17, 1951.

Attorney(s) appearing for the Case

Louis J. Glicksberg, San Francisco, Cal., for plaintiff.

S. M. Saroyan and Harry P. Calvert, San Francisco, Cal., for defendants Yokohama Specie Bank, Limited, of San Francisco, a foreign corporation, and Maurice C. Sparling, Superintendent of Banks of State of California, and Liquidator of Yokohama Specie Bank, Limited, of San Francisco.

Valentine C. Hammack, Sp. Asst. to Atty. Gen., Arthur J. DeLorimier, Atty., Office of Alien Property, Dept. of Justice, San Francisco, Cal., and Percy Barshay, Sp. Asst. to Atty. Gen., for plaintiff in intervention.

ROCHE, Chief Judge.

This is an action in equity whereby the plaintiff, as Trustee in Bankruptcy of Nippon Yusen Kaisya, a corporation, seeks to have the balance in a bank account in the Yokohama Specie Bank, Ltd., of San Francisco, impressed with a resulting trust in favor of the bankrupt. Nippon Yusen Kaisya, hereinafter referred to as "NYK", is a Japanese shipping company that prior to December 8, 1941, maintained an office in San Francisco. Defendant Yokohama Specie...

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