Varga v. Credit Suisse
| Decision Date | 21 November 1958 |
| Citation | 5 N.Y.2d 865,155 N.E.2d 865,182 N.Y.S.2d 17 |
| Parties | , 155 N.E.2d 865 Bela VARGA, Individually, and as President of the National Hungarian Government, on behalf of himself and all those Beneficiaries of the National Hungarian Trust Fund similarly situated, Appellant, v. CREDIT SUISSE, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department.
The President of the National Hungarian Government in exile, on behalf of himself and all beneficiaries of the National Hungarian Trust Fund, similarly situated, brought action against Swiss bank to recover amount of fund deposited in Swiss bank and delivered by Swiss bank to successor government in Hungary.
The Supreme Court, Special Term, New York County, Gold, J., 6 Misc.2d 843, 162 N.Y.S.2d 80, denied motion to dismiss the complaint and held that the complaint was not dismissible because of alleged lack of capacity of the president to sue, or for claimed insufficiency of the complaint, or because of statute of limitations.
The Appellate Division entered judgment of reversal and granted the motion to dismiss the complaint.
The president appealed to the Court of Appeals, contending that he had capacity to sue, and that his cause of action on the theory of a trust was good, and that the Special Term had jurisdiction of the action, and that the statute of limitations was no bar.
Michael M. Platzman, New York City, for appellant.
Milbank, Tweed, Hope & Hadley, New York City, (William Eldred Jackson, and Rebecca M. Cutler, New York City, of counsel), for respondent.
Judgment affirmed, with costs.
All concur.
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