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MATTERS v. MANUFACTURERS' TRUST CO.

No. 435.

65 F.2d 396 (1933)

MATTERS v. MANUFACTURERS' TRUST CO. et al.

Circuit Court of Appeals, Second Circuit.

May 29, 1933.

Attorney(s) appearing for the Case

Newman & Bisco, of New York City (Leonard G. Bisco, of New York City, of counsel), for appellants.

Shaine & Weinrib, of New York City (Edward C. Weinrib, of New York City, of counsel), for appellee.

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

PER CURIAM.

This appeal is from a decree upon a second trial, following our disposition of the cause in our decision reported in 54 F.2d 1010. We then held that any deposits which Rose made upon February 10th were preferentially intended, and we took the lowest balance on his books, $30,265, on February 16th, as the proper credit to the bank. We said that any check which he drew must be understood to be charged against his account...

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