Haber v. Chase National Bank of New York

Plaintiff, owner of a $100 bond, one of a series amounting to $8,000,000, secured by a mortgage or deed of trust to the defendant Chase National Bank as trustee, sues for an accounting by the trustee of moneys collected by it under an assignment by the mortgagor of the income from the property.

The amended answer sets up various defenses, and each of the parties has moved for summary judgment.

In my opinion defendant’s motion for summary judgment should not be granted; for the reasons hereinafter stated it seems to me that plaintiff’s motion should also, in the exercise of the court’s…