Harriman Nat. Bank & Trust Co. of New York v. Perry

AUGUSTUS N. HAND, Circuit Judge.

The complaint in the case before us alleged: (1) That defendants’ testator Perry made his promissory note dated October 10, 1932, wherein he promised to pay to the order of the plaintiff Harriman National Bank & Trust Company the sum of $170,-000 six months after date, with interest, and that- no part of the note was paid, though payment was demanded at maturity; (2) that on October 13, 1932, defendants’ testator Perry had and received $170,000, the property of the bank, and promised to pay the same, but failed to make payment after demand. The receiver of' the…