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AMERICAN UNION BANK v. SWISS BANK CORPORATION

No. 152.

40 F.2d 446 (1930)

AMERICAN UNION BANK v. SWISS BANK CORPORATION.

Circuit Court of Appeals, Second Circuit.

April 21, 1930.

Attorney(s) appearing for the Case

Appleton, Rice & Perrin, of New York City (T. F. D. Haines and Lee J. Perrin, both of New York City, of counsel), for appellant.

Charles C. Pearce, of New York City, for appellee.

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

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

The plaintiff has brought action to recover the consideration advanced on the ground that the defendant agreed with the plaintiff to transmit 3,000,000 Polish marks to Polska Bank in the city of Warsaw for the credit of the Bank of the United States, and failed to perform its obligation. The defendant insists that the plaintiff was merely acting as defendant's agent in selling the marks to the Bank...

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