FIRST NATIONAL TRUST SAVINGS BANK v. BROWNING, 283 N.Y. 569 (1940)

27 N.E.2d 436

FIRST NATIONAL TRUST SAVINGS BANK OF SAN DIEGO, CALIFORNIA, as Administrator c.t.a. of FRANK CROZIER, Plaintiff, v. J. ROY BROWNING, as Trustee in Bankruptcy of BURTON COAL COMPANY et al., Appellants and Respondents; THOMAS M. HOYNE, II, et al., as Administrators of the Estate of MACLAY HOYNE, Deceased, Respondents and Appellants, and UNITED STATES STEEL CORPORATION et al., Respondents, Impleaded with Another.

Court of Appeals of the State of New York.Argued March 12, 1940
Decided April 26, 1940

Appeal from the Supreme Court, Appellate Division, First Department, COLLINS, J.

Page 570

Mark W. Maclay, John D. Black and John G. Haviland for Thomas M. Hoyne, II, et al., as administrators of the estate of Maclay Hoyne, deceased, appellants and respondents.

P. Otis Zwissler for J. Roy Browning, as trustee in bankruptcy of Burton Coal Company, appellant and respondent.

Charles F. Quantrell, John H.S. Lee, Arthur W. Clement an John J. Healy for James W. McElvain, J. William McElvain and Thornton H. McElvain, appellants and respondents.

Kenneth B. Halstead and William Averell Brown for United States Steel Corporation and Gordon L. Edwards, respondents.

Harlan L. Hackbert, William Averell Brown and Kenneth B. Halstead for United States Fuel Company, respondent.

Walter F. Pease for Foreman-State National Bank and First National Bank of Chicago, respondents.

Page 571

Judgment affirmed, with costs payable out of the fund to United States Steel Corporation and to United States Fuel Company. No opinion. (See 283 N.Y. 644.)

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.