MILLER v. NATIONAL CITY BANK OF NEW YORK

No. 124, Docket 20801.

166 F.2d 723 (1948)

MILLER v. NATIONAL CITY BANK OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

March 15, 1948.


Attorney(s) appearing for the Case

Pomerantz Levy Schreiber & Haudek, of New York City (Milton Paulson and William E. Haudek, both of New York City, of counsel), for plaintiff-appellant.

Davis Polk Wardwell Sunderland & Kiendle, of New York City (Ralph M. Carson, William C. Cannon, and Francis W. Phillips, all of New York City, of counsel), for defendant-appellee Guaranty Trust Co. of New York.

Shearman & Sterling & Wright and McClellan & Shrewsbury, all of New York City (Otey McClellan, M. V. Voorhies, and Martin J. Cunningham, all of New York City, of counsel), for defendant-appellee National City Bank of New York.

Before L. HAND, SWAN, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

Appellees were two of five members of a banking group which, on June 14, 1916, made a written offering to the public, inviting participation in a loan to the Russian Imperial Government, then in the process of negotiation. The offering recited that the banking group was arranging a three-year, six-and-one-half-percent, credit of $50,000,000 in New York on behalf of the Imperial Government; and that the group, in addition, would have options to...

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