M. L. Stewart & Co. v. Marcus

Bijur, J.:

This action is brought to charge a trust upon, and direct a conveyance of, certain property in favor of and to plaintiff upon the following state of facts: Plaintiff, M. L. Stewart & Co., Inc., had prior to September, 1923, been a depositor in the Bank of the United States, of which defendant Marcus was vice-president. Another corporation, The Russek Company, was also a depositor in the bank. As early as May, 1923, the Russeks learned that the property at the cornet of Fifth avenue and Thirty-seventh street, known as the Gorham store, was for sale and made an offer for its purchase.…