WOOLSEY, District Judge.
My judgment is that the complaint should be dismissed without costs.
I. The situation involved in this case goes back to August 13, 1931, when what is called a financial statement contract was entered into by the defendant bank and the M & M Manufacturing Company, Inc., of which the plaintiff is a trustee in bankruptcy.
This contract, so far as it is material, reads as follows (italics mine):
"The undersigned (called...
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