U.S. v. BANK OF NEW YORK CO.

No. 195.

296 U.S. 463 (1936)

UNITED STATES v. BANK OF NEW YORK & TRUST CO.

Supreme Court of United States.

Decided January 6, 1936.


Attorney(s) appearing for the Case

Mr. David E. Hudson, with whom Solicitor General Reed, Assistant Attorney General Morris, and Messrs. Paul A. Sweeney, M. Leo Looney, Jr., and Alanson W. Willcox were on the brief, for the United States.

Messrs. Frederick B. Campbell and Samson Selig argued the cause, and Mr. Campbell, with Messrs. Paul C. Whipp and Lounsbury D. Bates, filed a brief, for the Bank of New York & Trust Co., respondent in No. 195.

Mr. Hartwell Cabell, with whom Mr. Milton B. Ignatius was on the brief, for Assecuranz Union von 1865, intervener-respondent in No. 195.

Mr. Robert J. Sykes, with whom Mr. E.W. McMahon was on the brief, for the President and Directors of the Manhattan Co., respondent in No. 196.

Mr. John M. Downes, with whom Mr. Alfred L. Green was on the brief, for Pink, Superintendent of Insurance of New York, respondent in No. 197.

By leave of Court, briefs of amici curiae were filed as follows: By Mr. Borris M. Komar in behalf of Samuel E. Morro et al.; by Messrs. Joseph M. Proskauer, Philip A. Carroll, Otey McClellan, and J. Alvin Van Bergh, in behalf of The National City Bank of New York; by Messrs. Samson Selig and Mr. William F. Roche; and by Mr. John W. Davis in behalf of the Guaranty Trust Company of New York. These briefs all supported the contentions of respondents.


MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

The United States, claiming to be the owner of certain funds which originally had belonged to Russian insurance companies, brought these suits for accounting and delivery. The companies had made deposits with the Superintendent of Insurance of the State of New York in order to obtain authority to transact business within the State. The complaints alleged that in...

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