Fidelity & Deposit Co. v. Chase National Bank

Majority

p. 728

Fidelity and Deposit Company of Maryland, Appellant, v. The Chase National Bank of the City of New York, Respondent.

Order so far as appealed from affirmed, with twenty dollars costs and disbursements to the respondent. No opinion. Present — Martin, Merrell, O’Malley and Glennon, JJ.; O’Malley, J., votes to modify by providing that the affirmance is without prejudice to an application on the part of the plaintiff to vacate the order appealed from should the impleaded party, the Westfield Trust Company, move for a transfer of the action to the Federal court.