IRVING TRUST CO. v. MARINE MIDLAND TRUST CO. OF NEW YORK


47 F.2d 907 (1931)

IRVING TRUST CO. v. MARINE MIDLAND TRUST CO. OF NEW YORK.

District Court, S. D. New York.

February 24, 1931.


Attorney(s) appearing for the Case

Cook, Nathan & Lehman, of New York City (Edward M. Souza, of New York City, and Thomas Epstein, of Brooklyn, N. Y., of counsel), for the motion.

Garey & Garey, of New York City (Earl J. Garey, of New York City, of counsel), for Eybro Corporation.

Williams & Saxe, of New York City (William L. Wemple, of New York City, of counsel), for Marshall I. Warrin.


WOOLSEY, District Judge.

This motion is granted provisionally under the general prayer thereof, but in such a modified form as perhaps to be almost unrecognizable.

I. Whilst the situation here is multipartite, it is not really complicated.

A stock dealing corporation, Broomhall, Killough & Co., Inc., is in bankruptcy, and the plaintiff, Irving Trust Company, its trustee, has brought suit against the Marine Midland Trust Company of New York to recover...

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