SHULTZ v. MANUFACTURERS & TRADERS TRUST CO.

No. 241.

128 F.2d 889 (1942)

SHULTZ et al. v. MANUFACTURERS & TRADERS TRUST CO. et al.

Circuit Court of Appeals, Second Circuit.

June 17, 1942.


Attorney(s) appearing for the Case

Martin Conboy, of New York City (Jules C. Randal and David C. Adams, both of Buffalo, N. Y., and David Asch, of New York City, on the brief), for plaintiffs.

Harold R. Medina, of New York City (Babcock, Hollister, Newbury & Russ, Louis L. Babcock, and Noel S. Symons, all of Buffalo, N. Y., and William Gilbert, of New York City, on the brief), for defendant Manufacturers & Traders Trust Co.

Joseph H. Morey, of Buffalo, N. Y. (Rann, Brown, Sturtevant & Kelly, of Buffalo, N. Y., on the brief), for defendants George H. Chisholm and Harry L. Chisholm.

Mason O. Damon, of Buffalo, N. Y. (Dudley, Stowe & Sawyer and Roy P. Ohlin, all of Buffalo, N. Y., on the brief), for defendant Sawyer.

Francis S. Bensel, of New York City (Larkin, Rathbone & Perry and W. Frederick Knecht, all of New York City, on the brief), for defendant Eastman and others.

Before SWAN, CLARK, and FRANK, Circuit Judges.


CLARK, Circuit Judge.

Plaintiffs appeal from a judgment dismissing on the merits complaints in two consolidated actions which they define as "of equitable cognizance" "charging conspiracy and fraud in the acquisition and execution of an agency." They are two of the three co-executors of the late Albert B. Shultz, who died in 1932, the third executor being the first-named defendant herein, Manufacturers & Traders Trust Company (the "Bank"). The suits grow out of...

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