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CITY CO. OF NEW YORK v. STERN

No. 11453.

110 F.2d 601 (1940)

CITY CO. OF NEW YORK, Inc., v. STERN.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 6, 1940.

Attorney(s) appearing for the Case

M. J. Doherty, of St. Paul, Minn. (W. E. Rumble and Doherty, Rumble, Butler, Sullivan & Mitchell, all of St. Paul, Minn., on the brief), for appellant.

Benedict S. Deinard, of Minneapolis Minn. (George B. Leonard, Hyman Edelman, and Leonard, Street & Deinard, all of Minneapolis, Minn., on the brief), for appellee.

C. E. Phillips and Phillips, Sherwood & Hughes, all of St. Cloud, Minn., amicus curiae for Investment Bankers Ass'n of America, Minnesota Division.

T. O. Streissguth, of New Ulm, Minn., amicus curiae.

G. A. Youngquist and Fowler, Youngquist, Furber, Taney & Johnson, all of Minneapolis, Minn., amicus curiae.

Before STONE, WOODROUGH, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

The question presented on this appeal is whether the appellee's cause of action is barred by the statute of limitations. The appellant, a New York Corporation and defendant below, sold to the plaintiff, a citizen of Minnesota, in four installments 20 shares of the capital stock of the National City Bank of New York coupled with a beneficial interest in the stock of the defendant corporation and in the stock of City Bank Farmers Trust Company...

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