WESTINGHOUSE ELECTRIC & MFG. CO. v. BROOKLYN RAPID TRANSIT CO.

No. 276.

6 F.2d 960 (1925)

WESTINGHOUSE ELECTRIC & MFG. CO. v. BROOKLYN RAPID TRANSIT CO. et al.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.


Attorney(s) appearing for the Case

Medina & Sherpick, of New York City (Leander I. Shelley and Harold R. Medina, both of New York City, of counsel), for appellant.

John R. Halsey, of New York City, for sureties of appellant.

Deiches & Goldwater, of New York City, for Bronx National Bank, assignee of appellant, filed brief in support of appeal.

Halsey & O'Keeffe and Edmund J. Donegan, all of New York City (John R. Halsey and William J. McArthur, both of New York City, of counsel), for respondents.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.


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

The master found as a fact that Municipal Railway Company fully accepted the order or orders given by Connors in favor of Bass, and it also appears from the record that the Connors Company consented to the discontinuance of Bass' action as against itself.

It is, of course, true that the present appellees, upon paying the judgment recovered by Bass against them, became subrogated to whatever contractual...

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