Legal Opinion

R. M. Smythe & Co. v. Chase National Bank

Court of Appeals for the Second Circuit

Decided June 20, 1961No. Nos. 332, 333, Docket 25517, 26729PublishedCited by 6 opinions

1Opinion of the Court

ANDERSON, District Judge.

This action, which was commenced on April 14, 1954, asks for a declaratory judgment to determine what should be done with a fund of $21,649.65, which is the unclaimed balance left over after seven separate distributions made between 1918 and 1925 by the Trustee for bondholders of the Western Pacific Railway Company under a trust agreement dated September 1, 1903, between the Railway and a predecessor oí the present Trustee. The State of New York filed a cross-claim. The plaintiffs moved to dismiss the cross-claim and the State of New York moved to dismiss the amended…

2Cases cited3 opinions

  1. Coastal Air Lines, Inc. v. DockeryCourt of Appeals for the Eighth Circuit · 1950
  2. Mayer v. Chase National Bank of City of New YorkDistrict Court, S.D. New York · 1958
  3. Mayer v. Chase National BankDistrict Court, S.D. New York · 1955

3Cited by6 opinions

  1. R. M. Smythe & Co., Inc. v. Chase National Bank of City of New York, as Trustee, Etc., and Others, People of the State of New York, Appellee-Appellant v. Eugene H. Nickerson and Abraham J. Gellinoff as Special Guardians, Barbara R. Mandelbaum and Federal Republic of Germany v. Chase National Bank of City of New York as Trustee, Etc.Court of Appeals for the Second Circuit · 1961
  2. United States v. Manufacturers Hanover Trust Co.District Court, S.D. New York · 1964
  3. Transcontinental Underwriters Agency v. American Agency UnderwritersCourt of Appeals for the Third Circuit · 1982
  4. Transcontinental Underwriters Agency v. American Agency UnderwritersCourt of Appeals for the Third Circuit · 1982
  5. Zahn v. International Paper Co.Supreme Court of the United States · 1973

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