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

No. 248.

39 F.2d 578 (1930)

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

Circuit Court of Appeals, Second Circuit.

March 10, 1930.

Attorney(s) appearing for the Case

Stetson, Jennings, Russell & Davis, of New York City (William C. Cannon and Ralph M. Carson, both of New York City, of counsel), for appellant.

Hartwell Cabell, of New York City, (James M. Lown and Joseph S. Catalano, both of New York City, of counsel), for appellee.

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

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

The defendant seeks to differentiate the record before us from that on the former appeal because of proof of custom. But the evidence which was admitted by the trial court amounted to no more than saying that banks in selling foreign exchange, require money in advance, or, if a customer is a depositor, insist upon a charge against his account before the expected consummation of the transaction abroad...

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