Manufacturers Trust Co. v. Fordom Trading Corp.

Majority

p. 633

First Department,

February, 1951.

(February 6, 1951.)

Manufacturers Trust Company, Plaintiff, v. Fordom Trading Corp., Respondent, and Amelie Bergere, Appellant.

Order affirmed, with $20 costs and disbursements. No opinion. Present — Peek, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ.; Callahan, J., dissents and votes to reverse and deny the motion for summary judgment in the following memorandum: I dissent on the ground that this action remains one in interpleader or a dispute over a fund and is not a proper case for summary judgment under rule 113 of the Rules of Civil Practice.