Duell v. Brewer

L. HAND, Circuit Judge.

This is an appeal from a decree in equity dismissing a bill for insufficiency upon its face; every intendment must be taken in its favor, and if any relief whatever was possible, the cause should have gone to trial. The gist of the bill is as follows. The three corporate defendants are banks, called for convenience, the “Trust Company,” the “Old Bank” and the “New Bank”; the plaintiff is the trustee in bankruptcy of a stock corporation organized under the laws of New York. Those of the individual defendants, who succeeded below and whom the appeal concerns, were…