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APTON v. BARCLAYS BANK LTD.

276 A.D. 910 (1950)

Adolph Apton, Respondent, v. Barclays Bank Limited, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 16, 1950.

Judgment reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs.

In our opinion, while the record sufficiently shows that the German authorities knew of plaintiff's account in defendant's bank, there is a total absence of proof that they acquired that knowledge from the defendant or that defendant in any way disclosed that fact to them. (Cf. White v. Lehigh Valley R. R. Co.

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