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IRVING TRUST CO. v. BANK OF AMERICA NAT. ASS'N

No. 94.

68 F.2d 887 (1934)

IRVING TRUST CO. v. BANK OF AMERICA NAT. ASS'N.

Circuit Court of Appeals, Second Circuit.

January 8, 1934.

Attorney(s) appearing for the Case

Morris, Plante & Saxe, of New York City (David S. Elkins and Robert C. Beatty, both of New York City, of counsel), for plaintiff-appellant.

Zalkin & Cohen, of New York City (Nathan Coplan and Harry Zalkin, both of New York City, of counsel), for defendant-appellant.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge.

Broomhall, Killough & Co., Inc., a dealer in stocks and bonds, was adjudicated bankrupt upon its voluntary petition filed July 3, 1930. On the afternoon of the preceding day the bankrupt, being then insolvent, made a deposit in its account with the defendant bank, and $82,156.58 thereof was applied to the payment of a "day loan" which the bank had granted earlier in the day. The bank received the deposit under circumstances which gave it reasonable...

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