Altmark v. Bank of United States

Order denying motion for a rehearing affirmed, with ten dollars costs and disbursements. No opinion. Young, Carswell, Tompkins and Davis, JJ., concur; Scudder, J., dissents, with the following memorandum: I think the defendants, under all the circumstances, are not chargeable with delay. Furthermore, the various interests involved in the failure of the Bank of United States are so important that no ordinary technicality of practice should stand in the way of a determination upon the merits of the present case, which, with the Maged case (Matter of Maged v. Bank of United States, 234 App. Div.…