STANDARD BANK OF CANADA v. LOWMAN

Nos. 150-152.

1 F.2d 935 (1924)

STANDARD BANK OF CANADA v. LOWMAN et al. (three cases).

District Court, W. D. Washington, N. D.

October 24, 1924.


Attorney(s) appearing for the Case

Hadley & Abbott, of Bellingham, Wash., for plaintiff.

Thomas Smith, of Mt. Vernon, Wash., for defendants Lowman and Coast Fish Co.

Kerr, McCord & Ivey, of Seattle, Wash., for defendants Kelley-Clarke Co., Seattle National Bank, and Bank of California, N. A.


NETERER, District Judge (after stating the facts as above).

The issues in the instant cases are of fact and law, tried before the court, a jury having been waived. From no point of approach can I conclude that the plaintiff has sustained the burden of proof resting upon it, and where the burden rests upon the defendants to the extent as herein stated, I believe it has been sustained.

The plaintiff, without doubt, consented to the removal of the salmon by the...

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