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ÆTNA CASUALTY & SURETY CO. v. CATSKILL NAT. BANK & T. CO.

No. 250.

102 F.2d 527 (1939)

ÆTNA CASUALTY & SURETY CO. v. CATSKILL NAT. BANK & TRUST CO.

Circuit Court of Appeals, Second Circuit.

March 13, 1939.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, of Syracuse, N. Y. (Robert E. Dineen and Howard H. Cannon, and Elmer W. Beasley, all of Syracuse, N. Y., of counsel), for plaintiff.

Herrick, Hoppin & Thorne, of New York City (Walter R. Herrick, of New York City, of counsel), for defendant.

Before AUGUSTUS N. HAND and CHASE, Circuit Judges, and PATTERSON, District Judge.

PATTERSON, District Judge.

The action is to recover from a bank for alleged participation in a breach of trust. One Betts, a lawyer in Catskill, New York, was guardian of the property of three infants, James Birchett, Walter Birchett and Francis Birchett. He maintained deposit accounts for each infant with the defendant bank, these accounts standing in his name as guardian for the respective infants. He also had an individual...

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