BARRETT v. BANK OF THE MANHATTAN COMPANY

No. 10, Docket No. 23046.

218 F.2d 763 (1954)

Charles R. BARRETT, as Trustee of The Meyer & Brown Corporation, Bankrupt, and Chartered Bank of India, Australia & China, Appellants, v. The BANK OF THE MANHATTAN COMPANY, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 20, 1954.


Attorney(s) appearing for the Case

Benjamin Weintraub, Levin & Weintraub, New York City, for Charles R. Barrett, appellant trustee.

S. Hazard Gillespie, Jr., Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for Appellant, Chartered Bank of India, Australia & China.

Gerhard R. Gerhard, New York City, for the Manhattan Bank.

Appleton, Rice & Perrin, New York City, for appellee. Root, Ballantine, Bushby & Palmer, New York City, of counsel.

Shearman & Sterling & Wright, New York City, for Chemical Bank & Trust Co. and National City Bank of New York, amicus curiae.

White & Case, New York City, William C. Knox, Jr., New York City, of counsel, for Bankers Trust Co. and New York Trust Co., amicus curiae.

Milbank, Tweed, Hope & Hadley, New York City, Roy C. Haberkern, Jr., New York City, of counsel, for Chase National Bank of the City of New York, amicus curiae.

Barnes, Voorhees & Congdon, New York City, Stuart K. Barnes, New York City, of counsel, for Guaranty Trust Co. of New York, amicus curiae.

Kelley, Drye, Newhall & Maginnes, New York City, Albert J. Walker, New York City, of counsel, for Hanover Bank, amicus curiae.

Henry Harfield, New York City, for Chemical Bank & Trust Co. and The National City Bank of New York, amicus curiae.

Before L. HAND, CHASE and MEDINA, Circuit Judges.


L. HAND, Circuit Judge.

The trustee in bankruptcy of the Meyer & Brown Corporation, filed a petition with the referee against the Manhattan Bank and the Chartered Bank; the Manhattan Bank moved to dismiss the petition for insufficiency on its face; the referee (Loewenthal), dismissed it, and Judge Conger affirmed his order. The case comes before us only upon the petition, whose allegations we must accept as true; and these are substantially as follows. The bankrupt...

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