FILKINS v. STATE ASSURANCE

No. 2547.

8 F.2d 389 (1925)

FILKINS v. STATE ASSURANCE, Limited. In re U. S. PULP PRODUCTS CORPORATION.

District Court, W. D. New York.

October 23, 1925.


Attorney(s) appearing for the Case

Chapman, Newell & Crane, of Syracuse, N. Y., for plaintiff.

Bond, Schoeneck & King, of Syracuse, N. Y. (Edward L. Robertson, of Syracuse, N. Y., of counsel), for defendant.


HAZEL, District Judge.

Upon carefully considering the proofs, I am satisfied that direction of verdict in favor of plaintiff was a proper disposition of the case. Concededly no question of fact was presented, and each side moved for a peremptory direction of a verdict. No request was made that the issue of whether Warren was agent or broker for plaintiff be submitted to the jury, and accordingly the scope of his employment was for the trial court to determine. Langdon...

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