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BRAINERD &c. QUARRY CO. v. BRICE

No. 431.

250 U.S. 229 (1919)

BRAINERD, SHALER & HALL QUARRY COMPANY v. BRICE, AS SOLE SURVIVING EXECUTOR OF VAN SCHAICK, ET AL.

Supreme Court of United States.

Decided June 2, 1919.

Attorney(s) appearing for the Case

Mr. Edwin D. Worcester for plaintiff in error.

Mr. Bronson Winthrop for defendants in error.

MR. JUSTICE DAY delivered the opinion of the court.

The Quarry Company brought an action at law in the District Court of the United States for the Southern District of New York to recover $20,000 and interest from Wilson B. Brice as executor of Henry Van Schaick, deceased, and the American Surety Company. Answers were filed and the case was at issue, and came on for trial, when, upon motion of the defendants, the action was dismissed for want of jurisdiction. The...

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