U.S. Court of Appeals for the Second Circuit, 1955

Schieffelin & Co. v. Herold

Schieffelin & Co. v. Herold
U.S. Court of Appeals for the Second Circuit · Decided May 12, 1955 · Staley
222 F.2d 262 (Federal Reporter, Second Series)

Schieffelin & Co. v. Herold

Dissenting Opinion

STALEY, Circuit Judge

(dissenting).

I think the decision in Raphiel v. Morris Plan Industrial Bank of New York, 2 Cir., 1944, 146 F.2d 340 which specifically overruled In re Lesser, 2 Cir., 1916, 234 F. 65, was wrongly decided. I would reverse for the reasons given in In re Lesser.

Opinion of the Court

PER CURIAM.

Affirmed. Raphiel v. Morris Plan Industrial Bank of New York, 2 Cir., 146 F.2d 340.

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