Freeman v. Marine Midland Bank-New York

MEMORANDUM AND ORDER

BRAMWELL, District Judge.

Defendant, Marine Midland Bank — New York (the “Bank”) moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff,, John R. Freeman (“Freeman”) cross moves to join the Aetna Casualty & Surety Company (“Aetna”) as a party defendant and for partial summary judgment dismissing defendant’s counterclaim pursuant to Rules 19 and 56 of the Federal Rules of Civil Procedure.

I

In a complaint filed January 12, 1971, Freeman alleges that the Community Bank 1 extended credit to him for the purpose of purchasing and carrying…