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IRVING TRUST CO. v. NATIONAL CITY BANK OF NEW YORK

No. 462.

78 F.2d 665 (1935)

IRVING TRUST CO. v. NATIONAL CITY BANK OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

July 15, 1935.

Attorney(s) appearing for the Case

Shearman & Sterling, of New York City (Carl A. Mead, William Harvey Reeves, and John A. Wilson, all of New York City, of counsel), for appellants.

Edwin A. Falk, of New York City (Edwin A. Falk, Henry Gale, and Charles Trynin, all of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This action was brought by the plaintiff as trustee in bankruptcy of Burnet-Clark, Ltd., to recover $20,693.33, the balance claimed to be due the latter from the defendants on its checking account. The item of $20,693.33 had been debited by the defendants against the account of Burnet-Clark, Ltd., with them, and used to pay a promissory note made by Charles G. V. Clark, the president, and Ethel Burnet Clark, his wife, the secretary...

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