CALORIC CORP. v. CHEMICAL BANK & TRUST CO.

No. 223, Docket 22637.

205 F.2d 492 (1953)

CALORIC STOVE CORP. v. CHEMICAL BANK & TRUST CO.

United States Court of Appeals Second Circuit.

Decided June 22, 1953.


Attorney(s) appearing for the Case

Jonas J. Shapiro, New York City, Janet Perlman, New York City, of counsel, for plaintiff.

John A. Wilson, New York City, Shearman & Sterling & Wright, New York City, Michael J. DeSantis, New York City, of counsel, for defendant.

Before L. HAND, AUGUSTUS N. HAND and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

Both parties appeal from a judgment for the plaintiff in an action to recover money, deposited by it with the defendant bank, to be drawn upon by one, Carbana, from whom the plaintiff had contracted to buy a shipment of fabricated steel. The complaint was in three counts, of which, however, only the second need concern us here, because although the third count was also submitted to the jury, the verdict upon its stands or falls with that on...

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