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Goldman v. Staten Island Nat. Bank & Trust Co.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


: July 25, 1938.

GOLDMAN ET AL.
v.
STATEN ISLAND NAT. BANK & TRUST CO.

Supplemental Opinion.

Per Curiam.

We have been asked to construe the following paragraph of our opinion: "That sum was indeed only $23.92, which is prima facie the measure of the defendant's liability; but it will be further liable, if the receivers can show that when they first gave notice of their claim to the defendant, it had in its hands a balance of other rents collected during the period of its own administration." The question asked is whether we meant to limit recovery to rents remaining in the defendant's hands when the receivers made a demand upon it, or to include not only those, but any further rents which it may receive thereafter during its administration. We meant the second: The demand was important only to protect the defendant against personal judgment for any sums innocently paid out before the receivers made a demand upon it.

19380725

© 1998 VersusLaw Inc.



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