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TOPPING v. TRADE BANK OF NEW YORK

No. 183.

86 F.2d 116 (1936)

TOPPING v. TRADE BANK OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

November 2, 1936.

Attorney(s) appearing for the Case

White & Case, of New York City (Chester Bordeau, of New York City, of counsel), for plaintiff.

Max Horowitz, of New York City, for appellees American Perfit Crystal Corporation and Ira Guilden.

Solon B. Lilienstern, of New York City, for Trade Bank of New York.

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

MANTON, Circuit Judge.

An injunction was prayed for in this suit to restrain appellees or any of them from negotiating or transferring six promissory notes, dated November 22, 1935, payable in 3, 4, 9, 10, 11, and 12 months from date, and asking for their surrender and cancellation because they were made for usurious interest. Appellant is an indorser on all the notes. New York State statutes are involved (sections 370, 371, 373 of the General Business Law [Consol...

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