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UNITED STATES v. BANK OF CONEY ISLAND

No. 3515.

36 F.2d 829 (1929)

UNITED STATES v. BANK OF CONEY ISLAND et al.

District Court, E. D. New York.

December 17, 1929.

Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Emanuel Bublick, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

Leo T. Kissam, of New York City (Leo T. Kissam and J. Francis Hayden, both of New York City, of counsel), for defendant Brooklyn Trust Co.

GALSTON, District Judge.

This is an action of law. The United States government on March 19, 1926, issued its treasury check to Malcolm S. Mackay, administrator of the estate of Jennie E. Mackay, in the sum of $9,044.37. This check was a refund for overpayment of taxes illegally collected. The check was forwarded by the plaintiff in Washington to the Income Tax Division in Newark, for delivery to the payee. Malcolm S. Mackay, on behalf of the estate, then executed...

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