AMERICAN LEGION POST NO. 90 v. FIRST NAT. BANK & T. CO.

No. 396.

113 F.2d 868 (1940)

AMERICAN LEGION POST NO. 90 OF VILLAGE OF MAMARONECK et al. v. FIRST NAT. BANK & TRUST CO. OF MAMARONECK et al.

Circuit Court of Appeals, Second Circuit.

July 22, 1940.


Attorney(s) appearing for the Case

Burton C. Meighan, Jr., of New York City (Meighan & Necarsulmer and Louis A. Marchisio, all of New York City, and James S. May, of White Plains, N. Y., on the brief), for plaintiffs-appellants.

Monroe J. Cahn, of White Plains, N. Y. (Lynch & Cahn and Harold M. Miller, all of White Plains, N. Y., on the brief), for defendants-appellees.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.


CLARK, Circuit Judge.

In 1921, 83 citizens of the town of Mamaroneck subscribed a total sum of $15,641.75 towards the purchase of premises to be used for the erection of a Community House as a memorial to the veterans of the World War. Title to the land purchased was taken in the name of one McArdle, one of the subscribers to the fund. After this first flush civic spirit seems to have lagged somewhat, and funds were not forthcoming for the building of the house itself...

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