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TILLMAN v. NATIONAL CITY BANK OF NEW YORK

No. 132.

118 F.2d 631 (1941)

TILLMAN v. NATIONAL CITY BANK OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

April 4, 1941.

Attorney(s) appearing for the Case

Borris M. Komar, of New York City (David L. Sprung, Borris M. Komar, and Archer Eisenstat, all of New York City, of counsel), for plaintiff-appellant.

Shearman & Sterling, of New York City (Joseph M. Proskauer, J. Alvin Van Bergh, and Eugene Eisenmann, all of New York City, of counsel), for defendant-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

One Sewell, plaintiff's ultimate assignor, on June 23, 1917, deposited 150,000 roubles at the branch banking office of the defendant National City Bank of New York, in Petrograd, Russia, which the defendant promised to repay at such times and in such amounts as Sewell might demand, with interest thereon at 3% per annum. On June 14, 1932, Sewell assigned his interest in the account, as well as all claims against the defendant, to G...

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