MATTER OF SCHLUSSEL


284 A.D. 68 (1954)

In the Matter of The Accounting of Hanover Bank, as Trustee under a Trust Agreement Created by Walter S. Schlussel, as Settlor. Hanover Bank, Appellant; Walter S. Schlussel et al., Respondents

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

May 11, 1954.


Attorney(s) appearing for the Case

Francis S. Bensel of counsel (J. Culbert Palmer and Albert B. Maginnes with him on the brief; Barr, Robbins and Palmer, attorneys), for appellant.

Claude L. Gonnet of counsel (Arthur Frank with him on the brief; Frank & Gonnet, attorneys), for Walter S. Schlussel and another, respondents.

P. Hodges Combier of counsel (Wendell P. Brown with him on the brief; Nathaniel L. Goldstein, Attorney-General, attorney), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law, respondent.

PECK, P J., COHN, BREITEL, BOTEIN and BERGAN, JJ., concur.


Per Curiam.

This case, like that of Matter of Coulter (204 Misc. 473, affd. 283 App. Div. 691) and Matter of Hogan (204 Misc. 662, affd. 283 App. Div. 790), involves the question whether the temporary advance of funds by a trust company to promote the distribution and allocation of mortgage participations among a number of trusts in...

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