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McGRATH v. AGENCY OF CHARTERED BANK OF INDIA, ETC.

104 F.Supp. 964 (1952)

McGRATH, Attorney General v. AGENCY OF CHARTERED BANK OF INDIA, AUSTRALIA & CHINA.

United States District Court S. D. New York.

May 9, 1952.

Attorney(s) appearing for the Case

Harold I. Baynton, Asst. Atty. Gen., Myles J. Lane, U. S. Atty., Southern District of New York, New York City, James D. Hill, Walter T. Nolte, and Myron C. Baum, Attys., Department of Justice, all of Washington, D. C. for plaintiff.

Duer, Strong & Whitehead, New York City (Harry H. Wiggins, Harman Hawkins, New York City, of counsel), for defendant.

IRVING R. KAUFMAN, District Judge.

The Court has before it cross motions for summary judgment under Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. Both parties agree that there are no issues of fact requiring a trial and that judgment depends only upon interpretation of law.

During 1939, four firms of Hamburg, Germany delivered to the Hamburg Agency of Chartered Bank of India, Australia and China

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