Zabriskie v. Second National Bank of Hamilton

Dowling, J.:

The appellant is a national bank located at Hamilton, Ohio. The plaintiff, as a trustee in bankruptcy, brings this action to recover certain moneys, which it is claimed were paid to the appellant in such a manner as to constitute an unlawful preference.

The action was commenced by the issuance of a warrant of attachment on July 14, 1922, under which the sheriff of New York county levied, and attached the appellant’s bank deposit in the National City Bank of New York.

On August 9, 1922, the plaintiff obtained an order for substituted service of the summons on the appellant, and on…