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Abstract

Plaintiff in 1915-16 purchased from Russian banks $10,000,000 in alloy gold ingots, about 78% fine. These were entrusted to the Russian State Bank at Petrograd, deliverable on demand to the plaintiff after the war. In 1928 the State Bank of the Union of Soviet Socialist Republics sent a shipment of refined gold ingots, 98% fine, to the defendant bank for deposit. The plaintiff seeks to replevin these ingots, alleging that their ingots in Petrograd were seized by the Bolsheviki during the revolution in 1917-18 and by them transported to Moscow, commingled with other gold, and then refined into ingots of which those sought to be replevined are a part. Held, the evidence was insufficient to prove a commingling of the ingots from the vaults of the Petrograd Branch into a common mass at the Moscow refinery, from which the present ingots were produced. Banque de France v. Chase National Bank of New York City, (C. C. A. 2d, 1932) 60 F. (2d) 703.

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