LATHROP v. UNITED STATES

No. 4240.

2 F.2d 497 (1924)

LATHROP et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 15, 1924.


Attorney(s) appearing for the Case

Jesse R. S. Budge, A. L. Merrill, and R. D. Merrill, all of Pocatello, Idaho, for plaintiff in error L. H. Lathrop.

J. H. Peterson and T. C. Coffin, both of Pocatello, Idaho, for plaintiff in error S. S. Champlain.

W. G. Bissell and Branch Bird, both of Gooding, Idaho, for plaintiff in error George W. Clarke.

E. G. Davis, U. S. Atty., and James F. Ailshie, Asst. U. S. Atty., both of Boise, Idaho.

Before GILBERT, ROSS, and RUDKIN, Circuit Judges.


GILBERT, Circuit Judge (after stating the facts as above).

Each plaintiff in error presents his own assignment of errors. They all rely on the assignment that it was error to deny their individual motions for instructed verdicts of acquittal. The evidence conclusively shows that there was utter failure to carry out the promises to place as a trust fund with the Pocatello Security Trust Company 30 per cent. of the cash received at the time of sale and 30 per cent....

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