COAL & IRON NAT. BANK OF THE CITY OF NEW YORK v. SUZUKI

No. 19.

3 F.2d 764 (1924)

COAL & IRON NAT. BANK OF THE CITY OF NEW YORK v. SUZUKI et al.

Circuit Court of Appeals, Second Circuit.

November 3, 1924.


Attorney(s) appearing for the Case

Cook, Nathan & Lehman, of New York City (Harold Nathan, of New York City, of counsel), for plaintiff in error.

Hunt, Hill & Betts, of New York City (George C. Sprague and Joseph A. Barrett, both of New York City, of counsel), for defendants in error.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.


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

Obviously Suzuki could not recover upon all of the pleaded causes of action. The denial of motions to dismiss all but one of the causes of action must have been error; but, both parties having finally moved for a directed verdict, both are concluded by whatever finding the court made. Beuttell v. Magone, 157 U.S. 154, 15 S.Ct. 566, 39 L. Ed. 654. To the same effect, Bank of the...

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