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AACHEN & MUNICH FIRE INS. CO. v. GUARANTY TRUST CO.

No. 247.

27 F.2d 674 (1928)

AACHEN & MUNICH FIRE INS. CO. v. GUARANTY TRUST CO. OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

July 17, 1928.

Attorney(s) appearing for the Case

Hartwell Cabell, of New York City (James M. Lown, Blaine F. Sturgis, and Joseph S. Catalano, all of New York City, of counsel), for plaintiff in error.

Stetson, Jennings, Russell & Davis, of New York City (William C. Cannon, David E. Hudson, and Ralph M. Carson, all of New York City, of counsel), for defendant in error.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

Upon the foregoing facts three contentions may be made on behalf of the defendant:

(1) That the plaintiff is vested with no right of action, because of the seizure of the claim in question by the Alien Property Custodian on November 18, 1918.

(2) That the cause of action set forth in the complaint is for the breach of a contract which occurred before the plaintiff was under any disability...

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