International Refugee Org. v. BANK OF AMERICA, ETC.
Citation | 86 F. Supp. 884 |
Parties | INTERNATIONAL REFUGEE ORGANIZATION v. BANK OF AMERICA NAT. TRUST & SAV. ASS'N. |
Decision Date | 18 July 1949 |
Court | United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York |
Francis M. Shea, Warner W. Gardner, Daniel M. Sandomire, New York City, attorneys for plaintiff.
Lyeth & Voorhees, New York City, attorneys for defendant, appearing specially for the purpose of this motion only (Edward I. Devlin, Jr., New York City, of counsel).
A. H. Feller, Lake Success, New York, General Counsel and Director of the Legal Department, United Nations, as amicus curiae (Paolo Contini, Carol M. Crosswell, Blaine Sloan, Lake Success, New York, of counsel).
Annexed to the notice of motion are photostats of two certificates by the United States Comptroller of Currency: (1) a certificate dated March 1, 1927, that "Bank of Italy National Trust and Savings Association in The City of San Francisco in the County of San Francisco and State of California is authorized to commence the business of Banking as provided in section 5169 of the Revised Statutes of the United States"1; and (2) a certificate dated November 1, 1930 that "Bank of Italy National Trust and Savings Association, located in the City of San Francisco, in the County of San Francisco and State of California" and "Bank of America of California, located in the City of San Francisco, in the County of San Francisco and, State of California" having complied with the statute, 40 Stat. 1043, entitled "An Act To provide for the consolidation of national banking associations * * *"2 "have been consolidated under the charter of Bank of Italy National Trust and Savings Association and under the corporate title of `Bank of America National Trust and Savings Association'." This certificate of November 1, 1940 recites the fact that "on the date of consolidation the consolidated bank has 353 branches, all located in the State of California."
The Marshal's return in the case at bar states that he served the summons on the defendant at 44 Wall Street, New York, N. Y., by "delivering to and leaving a copy thereof, together with a copy of the complaint with Francis X. Scufaro, Asst. Vice Pres."3
Jurisdiction and venue, in relation to suits by or against national banks, were succinctly explained by Mr. Justice Black in Cope v. Anderson, 331 U.S. 461, at page 468, 67 S.Ct. 1340, 1343, 91 L.Ed. 1602, as follows: —
See also Leonardi v. Chase National Bank, 2 Cir., 81 F. 2d 19, certiorari denied 298 U.S. 677, 56 S.Ct. 941, 80 L.Ed. 1398.
No change was made in T. 12 U.S. C.A. § 94 by the 1948 revision of Title 28, and said § 94 is in full force and effect.
To continue reading
Request your trial-
General Electric Credit Corp. v. James Talcott, Inc.
...(as between the Southern District of New York and the Northern District of Illinois); International Refugee Org. v. Bank of America Nat. Trust & Sav. Ass'n, 86 F.Supp. 884, 886 (S.D.N.Y. 1949) (as between the North District of California Southern Division, and the Southern District of New Y......
-
Mercantile National Bank At Dallas v. Langdeau Republic National Bank of Dallas v. Langdeau, s. 14
...Nat. Bank, 81 F.2d 19 (C.A.2d Cir. 1936), cert. denied, 298 U.S. 677, 56 S.Ct. 941, 80 L.Ed. 1398; International Refugee Organization v. Bank of America, 86 F.Supp. 884 (S.D.N.Y.1949); Schmitt v. Tobin, 15 F.Supp. 35 (D.Nev.1935); Cadle v. Tracy, 4 Fed.Cas. 967, No. 2,279 (C.C.S.D.N.Y.1873)......
-
Goldberg v. Wharf Constructers
...493 (E.D.Pa.1959). 24 E. g., Jones v. Radio Corp. of America, 129 F.Supp. 440 (S.D.N.Y.1955); International Refugee Organization v. Bank of America, etc., 86 F.Supp. 884 (S.D.N.Y. 1949); Smith v. Bain, 123 F.Supp. 632 (M.D.Pa.1954); Skilling v. Funk Aircraft Co., 173 F.Supp. 939 25 Wilt v. ......
-
Central Bank v. Superior Court
...80 L.Ed. 1398; General Elec. Credit Corp. v. James Talcott, Inc. (Dist.Ct.S.D.N.Y.1966) 271 F.Supp. 699; Internat. Refugee Organization v. Bank of America (D.C.N.Y.1949) 86 F.Supp. 884; Prince v. Franklin Nat. Bank (1970), 62 Misc.2d 855, 310 N.Y.S.2d 390.6 People v. Bradley (1969) 1 Cal.3d......