Bank of New York v. Public National Bank & Trust Co.

Majority

p. 503

Bank of New York, Plaintiff, v. Public National Bank and Trust Company of New York et al., Defendants. Public National Bank and Trust Company of New York, Defendant and Third-Party Plaintiff-Appellant, v. Mergenthaler Linotype Company, Third-Party Defendant-Respondent; Royal Industrial Bank, Third-Party Defendant-Appellant, et al., Third-Party Defendants. Chase National Bank of the City of New York, Defendant and Third-Party Plaintiff-Appellant, v. Pennsylvania Exchange Bank et al., Third-Party Defendants-Appellants, and Mergenthaler Linotype Company, Third-Party Defendant-Respondent. Manufacturers Trust Company, Defendant and Third-Party Plaintiff-Appellant, v. Mergenthaler Linotype Company, Third-Party Defendant-Respondent, et al., Third-Party Defendants. Pennsylvania Exchange Bank, Third-Party Plaintiff, v. Emilio Strollo et al., Individually and as Copartners Doing Business under the Name of West 35th Street Trading Company, et al., Third-Party Defendants. Emilio Strollo et al., Copartners Doing Business under the Name of West 35th Street Trading Company, Plaintiffs, v. Pennsylvania Exchange Bank, Defendant.

Argued April 11, 1950;

decided May 18, 1950.

p. 505

Stewart Maurice, Leo T. Kissam, George B. Balamut, Charles R. McNamee, John Boland and Max M. Littman for appellants.

William H. Hayes and Chauncey L. Grant for respondent.

Judgments affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.