CONTINENTAL ILLINOIS NAT. BANK & TRUST CO. v. BEST


20 F.Supp. 80 (1937)

CONTINENTAL ILLINOIS NAT. BANK & TRUST CO. OF CHICAGO v. BEST et al.

District Court, S. D. New York.

July 12, 1937.


Attorney(s) appearing for the Case

Chadbourne, Wallace, Parke & Whiteside, of New York City (William Wallace and Leonard P. Moore, both of New York City, of counsel), for plaintiff.

Shearman & Sterling, of New York City (Frank A. F. Severance, of New York City, of counsel), for defendant Garrard B. Winston.

Mudge, Stern, Williams & Tucker, of New York City (George L. Trumbull and John Wallis, of New York City, of counsel), for defendant William Best.

Carpenter, Whit & Landau, of New York City (John Tilney Carpenter, of New York City, of counsel), for defendants Central Hanover Bank & Trust Co., as successor trustee, etc., and Continental Investing & Realty Corp.


COXE, District Judge.

These are motions by certain of the defendants to dismiss the amended complaint on the ground that it appears upon its face that the action is barred by limitation.

The action is in equity to enforce double liability against stockholders of Peoples Trust & Savings Bank, an Illinois banking institution; and it is insisted by the defendants that the action was not commenced within three years...

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