court.
On each of the delivery tickets which were prepared by Santoro there was endorsed in a conspicuous place "For the Account of: Frank Mazzochi, Jr."
The delivery tickets for the first, second and third sales were addressed to "Merrill Lynch Pierce Fenner & Smith, 70 Pine Street New York City." The delivery ticket for the fourth sale was addressed to "Merrill Lynch Pierce Fenner & Smith c/o Manufacturers Hanover Trust Co. 40 Wall Street New York City." Each of the checks for the proceeds of sale were made payable to Royal's order alone.
When the proceeds of the fourth sale were received by Royal, McGraw ordered them to be held in a suspense account. He then spoke to Mr. Irving Stolz, attorney for Royal, and sent a memorandum to Mr.Peter Walter, the Cashier at Royal's main office, asking both how he should proceed. This was done on September 19, 1966. By letter dated September 21, 1966 and his memorandum endorsed thereon Mr. Stolz was able to reconstruct these dates but he had no independent recollection of them. Stolz advised McGraw to get an affidavit from Mazzochi asserting ownership of the Treasury Notes. This was done on September 20, 1966 in McGraw's presence with respect to all the Treasury Notes sold for Mazzochi's account in September and August 1966.
Stolz, after he received Mazzochi's affidavit which was enclosed with McGraw's letter *48 of September 21, 1966, called a Mr. Wallace Nathan who was counsel to the Deputy Comptroller of the Currency and Peter Walter called the FBI and the