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KUSHELEWITZ v. NATIONAL CITY BANK OF NEW YORK

No. 169, Docket 22524.

202 F.2d 588 (1953)

KUSHELEWITZ et al. v. NATIONAL CITY BANK OF NEW YORK. NATIONAL CITY BANK OF NEW YORK v. FEDERAL RESERVE BANK OF NEW YORK.

United States Court of Appeals Second Circuit.

Decided March 4, 1953.

Attorney(s) appearing for the Case

Kurach & Cassell, New York City (Irwin Cassell, New York City, of counsel), for plaintiffs-appellees.

Shearman & Sterling & Wright, New York City (Charles C. Parlin, Jr., New York City, of counsel), for defendant-appellant.

Lorenz, Finn & Nobiletti, New York City (Alfred Giardino, New York City, of counsel), for third-party defendant-appellant.

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

FRANK, Circuit Judge.

Not only was no fraud involved, but the money was applied precisely as plaintiffs intended. Adams had asked Cassell if "he could advance me" [Adams] some money to be used for the business conducted under the corporate name, Adams being the sole owner of the business. Adams told Cassell to make his check payable to "Richard Dye Works, Inc." The promissory note received by plaintiffs for this loan was signed "Richard Dye Works, Inc.," and, at Cassell...

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