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FRAZIER v. HANOVER BANK

204 Misc. 922 (1953)

Laurence Frazier, Doing Business as Laurence Frazier & Co., on Behalf of Himself and All Similarly Situated Former Holders of Bonds of Republic of Peru, Who Delivered Same in Exchange for External Sinking Fund Dollar Bonds of 1947 Issued by Republic of Peru, Plaintiff, v. Hanover Bank, Defendant.

Supreme Court, Special Term, New York County.

January 27, 1953.

Attorney(s) appearing for the Case

Copal Mintz for plaintiff.

Frank H. Heiss, Hancock Griffin, Jr., and Samuel F. Howard, Jr., for defendant.

Myles J. Lane, United States Attorney for the Southern District of New York (Vincent P. Rao of counsel), in support of defendant's motion.

WALTER, J.

According to plaintiff's allegations, plaintiff and others of a class on whose behalf he sues are entitled, by virtue of contracts with the Republic of Peru, to receive certain scrip certificates (promises by Peru to pay designated sums to the bearer thereof) which Peru has delivered to defendant with instructions to deliver them to persons other than plaintiff and the other members of such class;...

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