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MARINE MIDLAND GRACE TRUST CO. OF N. Y. v. BANCO DEL PAIS, S. A.

No. 66 Civ. 275.

261 F.Supp. 884 (1966)

MARINE MIDLAND GRACE TRUST COMPANY OF NEW YORK, Plaintiff, v. BANCO DEL PAIS, S. A., Defendant.

United States District Court S. D. New York.

December 7, 1966.

Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City, for plaintiff. William E. Willis, John E. Donnelly, New York City, of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant. Edward J. Reilly, Jr., Briscoe R. Smith, New York City, of counsel.

OPINION

McLEAN, District Judge.

Both plaintiff and defendant move for summary judgment in this action. The complaint seeks recovery of $256,153.84 upon an overdraft resulting from the fact that plaintiff paid checks drawn by defendant upon its account with plaintiff, although there were no funds on deposit in the account to cover the checks. Defendant's answer alleges that there were sufficient funds on deposit. It is apparent from the motion papers that...

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