Edwards v. Sterling Nat. Bank & Trust Co.

WOOLSEY, District Judge.

My judgment is that the complaint should be dismissed without costs.

I. The situation involved in this case goes back to August 13,1931, when what is called a financial statement contract was entered into by the defendant bank and the M & M Manufacturing Company, Ine., of which the plaintiff is a trustee in bankruptcy.

This contract, so far as it is material, reads as follows (italics mine):

“The undersigned (called Borrower) to procure credit or loans from time to time from Sterling National Bank & Trust Company (called Bank) on negotiable paper or otherwise hereby…