Brownell v. Chase National Bank, 352 U.S. 36 (1956)

Brownell v. Chase National Bank of New York


No. 24


Argued October 16-17, 1956
Decided November 19, 1956
352 U.S. 36

CERTIORARI TO THE APPELLATE DIVISION OF THE
SUPREME COURT OF NEW YORK, FIRST DEPARTMENT

Syllabus

In an action brought by a trustee in New York state courts for a construction of the indenture and for an accounting, the Alien Property Custodian, later succeeded by the Attorney General of the United States, intervened and, in effect, tendered his claim to the entire property, by virtue of a vesting order issued under § 5 of the Trading with the Enemy Act, as amended. The state courts denied such relief, and no review was sought here. The Attorney General subsequently amended the vesting order and brought suit in the New York state courts, praying that the principal of the trust be transferred to him. The state courts denied the relief.

Held: principles of res judicata bar the present suit. Pp. 37-39.

286 App.Div. 808, 143 N.Y.S.2d 623, affirmed.