EHAG EISEN. HOLDING AG. v. BANCA NAT. A ROMANIEI


306 N.Y. 242 (1954)

Ehag Eisenbahnwerte Holding Aktiengesellschaft, Appellant, v. Banca Nationala a Romaniei (National Bank of Roumania), Respondent.

Court of Appeals of the State of New York.

Decided January 14, 1954


Attorney(s) appearing for the Case

Henry I. Fillman and Otto C. Sommerich for appellant.

Harold W. Bissell and Thomas L. McGannon for respondent appearing specially.

LEWIS, Ch. J., DESMOND, DYE and FROESSEL, JJ., concur with FULD, J.; CONWAY and VAN VOORHIS, JJ., concur in result upon the ground that there is no substantiation of the cause of action for the principal nor of allegations in the complaint made upon information and belief, that any funds were received by defendant applicable to 1940 or 1941 interest coupons, by reason whereof the action is brought.


FULD, J.

Plaintiff, a Swiss corporation, sues as the holder of a substantial number of negotiable coupon bonds issued by the Kingdom of Roumania. Begun by issuance of a warrant of attachment, the action seeks to recover from defendant bank, a Roumanian corporation, damages stemming from the asserted breach of an agreement between defendant and the Roumanian Government, in connection with the servicing of such...

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