SOUTHWESTERN SHIPPING CORP. v. ANLYAN


5 Misc.2d 842 (1957)

Southwestern Shipping Corporation, Plaintiff, v. Armand Anlyan, Defendant.

Supreme Court, Trial Term, New York County.

February 18, 1957.


Attorney(s) appearing for the Case

Jerome S. Heller for plaintiff.

Daniel Rhoades for defendant.


HENRY EPSTEIN, J.

Both parties waived jury, findings and conclusions. Plaintiff sues on an assignment to plaintiff of funds to be forwarded from Italy to the National City Bank in New York City in the amount of $37,222. It is conceded that defendant did not pay said moneys to plaintiff. On September 15, 1951 defendant wrote to the National City Bank:

"With reference to a credit of $37,222 which you will...

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