Legal Opinion
Miller v. National City Bank of New York
District Court, S.D. New York
Decided November 15, 1946PublishedCited by 3 opinions
1Opinion of the Court
RIFKIND, District Judge.
Defendant Guaranty Trust Company moves for summary judgment dismissing the amended complaint on the grounds of (1) res judicata and (2) statute of limitations. Federal Rules of Civil Procedure, rale 56, 28 U.S.C.A. following section 723c.
The motion is made before answer. Rule 56(b).
The claims against Guaranty are declared in two alternative counts. Rule 8 (e) (2).
The first count, after setting forth diversity of citizenship as the basis of jurisdiction, alleges as follows: In June, 1916, and during the several months prior thereto, a group of five banks (hereinafter…
2Cases cited51 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
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3Cited by3 opinions
- Truncale v. Universal Pictures Co.District Court, S.D. New York · 1948
- Endervelt v. SladeNew York Supreme Court · 1994
- Mettler v. Phoenix Assur. Co.District Court, E.D. New York · 1952