KIMMICH v. POTTER

No. 301.

112 F.2d 135 (1940)

KIMMICH v. POTTER et al.

Circuit Court of Appeals, Second Circuit.

May 27, 1940.


Attorney(s) appearing for the Case

Charles Kimmich pro se.

Conboy, Hewitt, O'Brien & Boardman, of New York City (John Vance Hewitt and Edward F. Butler, both of New York City, of counsel), for appellee Frederick V. Goess.

Frank J. Berberich and Sullivan & Cromwell, all of New York City, for defendant New York Clearing House Ass'n.

Shearman & Sterling, of New York City (Robert Nias West and John R. Henry, Jr., both of New York City, of counsel), for defendant Percy H. Johnston.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Theodore Kiendl, Edwin F. Blair, and John D. Hyde, all of New York City, of counsel), for appellee William C. Potter.

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


L. HAND, Circuit Judge.

This appeal is from a judgment, dismissing a complaint for insufficiency in law upon its face. The gist of the cause of action alleged was that the defendant, the New York Clearing House, and two of its officers, by dominating and controlling the directors of the Harriman Bank — a national bank doing business in the City of New York — gave to that bank the appearance of solvency for a substantial period after it had in fact become...

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