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In re the Accounting of Manufacturers & Traders Trust Co.

275 N.Y. 556 Court N.Y. Decision date 1937-10-12 English

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p. 556
In the Matter of the Accounting of Manufacturers and Traders Trust Company et al., as Executors of John E. Johnson, Deceased, Respondents; William R. Emblidge, as Trustee in Bankruptcy of John Johnson Construction Company, Appellant.
Argued September 28, 1937;
decided October 12, 1937.
p. 557
Howard T. Saperston and Daniel N. McNaughton for appellant.
James C. Sweeney for respondents.

Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Loitghran, Finch and Rippey, JJ. Lehman and Htjbbs, JJ., dissent on the ground that there is no evidence the withdrawals were intended as dividends.