United States v. Guaranty Trust Co. of New York

SWAN, Circuit Judge.

By this action the United States as assignee of the Union of Soviet Socialist Republics sought to recover $4,976,722.78, with accrued interest from December 12, 1917, being the alleged balance of a deposit account opened with the defendant by the Imperial Russian Government on July 15, 1916. Pursuant to the Conformity Act, 28 U.S.C.A. § 724, the Civil Practice Act of New York, § 307, and Rules 107 and 120 of the Rules of Civil Practice of New York, the defendant before answer moved for dismissal of the complaint on the ground that the assigned cause of action was barred by…