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ARELLANO v. JACQUES COE & CO.

No. 36, Docket 32234.

403 F.2d 1012 (1968)

Josefa Cana de ARELLANO and Manuel R. Arellano, Plaintiffs-Appellees, v. JACQUES COE & CO., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 20, 1968.

Attorney(s) appearing for the Case

Andrew J. Connick, New York City (Milbank, Tweed, Hadley & McCloy and John W. Dean, New York City, on the brief), for plaintiffs-appellees.

Emanuel Becker, New York City, for defendant-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

PER CURIAM:

The defendant, Jacques Coe & Co., appeals from a judgment of the Southern District which held that under New York law plaintiffs were the owners of certain securities entrusted to the defendant and were entitled to recover them in a diversity action. Judge Tyler, sitting without a jury, found that in 1959 Coe had acknowledged the plaintiffs to be the sole owners of the account and had thereby waived any right to set off against their accounts debts...

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