DOWNEY v. BANKER


32 F.Supp. 874 (1940)

DOWNEY v. BANKER et al.

District Court, S. D. New York.

April 11, 1940.


Attorney(s) appearing for the Case

Benjamin W. Moore, of Yonkers, N. Y., for plaintiff.

O'Brien, Driscoll & Raftery, of New York City (Arthur F. Driscoll and Paul D. O'Brien, both of New York City, of counsel), for defendant O'Brien.


HULBERT, District Judge.

Motion for judgment on the pleadings.

The action is by the receiver of a defunct national bank against directors to recover the bank's losses resulting from defendants' alleged negligence and illegal administration of its affairs.

Defendant O'Brien moves upon the second amended complaint, plaintiff's bill of particulars, and his own answer.

The basis of the motion is that the cause of action is barred by the statute...

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