Sturdee v. Cuba Eastern R.
Court of Appeals for the Second Circuit
Appeal from and in Error to the Circuit Court of the United States for the Southern District of New York. Suit by Henry King Sturdee and another against the Cuba Eastern Railroad Company. There was an order and decree denying the claim of John E. Berwind, and he appeals and brings error.
1Opinion of the Court
COXE, Circuit Judge.
The entire controversy turns upon the question whether the claimant, John E. Berwind, obtained a valid attachment of the fund of $7,390 in the Knickerbocker Trust Company. This fund came into existence as follows: On October 21, 1907, pursuant to an order from the National Bank of Cuba, the Park Bank of New York drew its check for the above amount in the. following form:
“Cashier's Check.
New York, Oct. 21, 190T.
Pay, to the order of Knickerbocker Trust Company, New York, for H. M. De Lanoie, a/e Sims, seventy-three hundred ninety 00/100 dollars.
H. B. Bailey, Fred. O.…
2Cases cited4 opinions
- Penoyar v. . KelseyNew York Court of Appeals · 1896
- Mayor of New York v. Tenth National BankNew York Court of Appeals · 1888
- Gibson v. . Nat'l Park Bk. of N.Y.New York Court of Appeals · 1885
- Gittings v. RusselAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Poole v. Newark Trust Co.Superior Court of Delaware · 1939