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UNITED STATES v. STERLING

22 F.2d 323 (1927)

UNITED STATES v. STERLING et al.

District Court, S. D. New York.

September 8, 1927.

Attorney(s) appearing for the Case

Emory R. Buckner, U. S. Atty., of New York City (G. Biddle, Sp. Asst. U. S. Atty., of New York City, of counsel), for complainant.

John J. Curtin, of New York City, for defendant Commercial Trust Co. of New York.

Earl B. Barnes, of New York City, for defendant Sterling.

White & Case, of New York City (William St. John Tozer, of New York City, of counsel), for defendant New York Trust Co.

THACHER, District Judge (after stating the facts as above).

The suit is properly brought in equity, since recovery is sought of funds received and held by Sterling as trustee, and alleged to have been paid to the Commercial Trust Company contrary to the provisions of the trust. By the terms of the trust the freight moneys were to be held for account "of whoever may be found entitled to them." The claim of the Commercial Trust Company rests upon an assignment of unearned...

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