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HAIGHT v. FIRST TRUST & DEPOSIT CO.

33 F.Supp. 72 (1939)

HAIGHT v. FIRST TRUST & DEPOSIT CO.

District Court, N. D. New York.

March 31, 1939.

Attorney(s) appearing for the Case

Keith F. Driscoll, of Syracuse, N. Y., for George M. Haight, as Receiver of Salt Springs Nat. Bank.

Hiscock, Cowie, Bruce & Lee, of Syracuse, N. Y. (H. Duane Bruce, of Syracuse, N. Y., of counsel), for First Trust & Deposit Co.

BRYANT, District Judge.

This is an action to enforce a stockholder's individual liability. The action was tried without a jury. At the close of Plaintiff's case, and also at the close of the whole case, defendant moved to dismiss upon three grounds, the principal one being that the action is barred by the Statute of Limitations. Decisions were reserved.

The bank did not open after closing on March 6, 1933, pursuant to the Presidential Proclamation. On March...

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