Kuerschner & Rauchwarenfabrik, A.G. v. New York Trust Co.

EDELSTEIN, District Judge.

In an action to recover the sum of $9,-895.75 admittedly held, at the time of the filing of the complaint and for some time thereafter, by the defendant, The New York Trust Company, for the account of the plaintiff corporation, Kuerschner & Rauchwarenfabrik, A.G., the bank has moved for summary judgment. The plaintiff was a Hungarian corporation that .was nationalized. Its funds in the defendant bank were frozen as of March 13, 1941, by executive order under the provisions of the Trading With The Enemy Act, 50 U.S.C.Appendix, § 1 et seq., 50 U.S.C.A.Appendix, § 1 et…