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BOURGEOIS v. CHASE MANHATTAN BANK OF NEW YORK

139 F.Supp. 265 (1956)

Pierre BOURGEOIS, Plaintiff, v. CHASE MANHATTAN BANK OF NEW YORK, Defendant and Third-Party Plaintiff, The FIRST NATIONAL CITY BANK OF NEW YORK, Third-Party Defendant.

United States District Court S. D. New York.

February 28, 1956.

Attorney(s) appearing for the Case

Jacob Rassner, New York City, for plaintiff, Thomas F. Frawley, New York City, of counsel.

Milbank, Tweed, Hope & Hadley, New York City, for defendant and third-party plaintiff, the Chase Manhattan Bank, William Eldred Jackson and Janet P. Kane, New York City, of counsel.

Shearman & Sterling & Wright, New York City, for third-party defendant, the First Nat. City Bank of New York, Herman E. Compter, New York City, of counsel.

HERLANDS, District Judge.

Plaintiff and defendant Chase Manhattan Bank of New York, have each moved for summary judgment. Both motions are denied for the reasons set forth in this opinion.

The litigation in chief arises out of a banking transaction in 1955, whereby funds were to be transferred from France to the United States. This transaction involved, in one way or another, the following seven participants: the plaintiff, a resident of Miami, Florida; Banque...

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