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GRIFFITH v. BANK OF NEW YORK

59 F.Supp. 271 (1944)

GRIFFITH v. BANK OF NEW YORK.

District Court, S. D. New York.

Adhered to on Rehearing May 20, 1944.

Attorney(s) appearing for the Case

Josephine E. Kestler, of New York City, for plaintiff.

Emmet, Marvin & Martin, of New York City, for defendant.

CAFFEY, District Judge.

The defendant moves to dismiss the complaint. The plaintiff was the co-beneficiary and co-remainderman of a testamentary trust of which the defendant was the trustee.

The complaint seeks a money recovery from the trustee for breach of trust duties. There had been a judgment in the Supreme Court, New York County, settling the account of the trustee and releasing it from further liability. This was entered pursuant to a stipulation between...

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