McQUILLEN v. DILLON

No. 228.

98 F.2d 726 (1938)

McQUILLEN et al. v. DILLON et al.

Circuit Court of Appeals, Second Circuit.

July 25, 1938.


Attorney(s) appearing for the Case

Charles Winkelman and Arthur S. Friend, both of New York City (Arthur Berenson, Bernard Berenson, and Samuel Gottlieb, all of Boston, Mass., and Lawrence Berenson, of New York City, of counsel), for appellants.

Wright, Gordon, Zachry & Parlin, of New York City (John T. Cahill, Mathias F. Correa, and Fred J. Knauer, all of New York City, of counsel), for appellees Clarence Dillon, as President of Dillon, Read & Co., and Karl H. Behr.

Shearman & Sterling, of New York City (Chauncey B. Garver, Clifford M. Bowden, and George W. Moorhead, all of New York City, of counsel), for appellee National Cash Register Co.

McLaughlin & Stickles, of New York City (Chester B. McLaughlin, of New York City, and Frank H. Foley, of Mount Vernon, N. Y., of counsel), for appellees Edward A. Deeds and Gordon S. Rentschler.

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


AUGUSTUS N. HAND, Circuit Judge.

There can be no doubt that the Maryland decree so far as it purported to cancel the interest of Dillon, Read & Co. in certain shares of stock of National Cash Register Company on the theory that they were unlawfully issued would necessarily rest upon proof that the shares were owned by Dillon, Read & Co. at the time of the commencement of suit. There was no such allegation in this or the Maryland bill. The plaintiffs' allegations...

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