KNICKERBOCKER MERCHANDISING CO. v. UNITED STATES

No. 404.

13 F.2d 544 (1926)

KNICKERBOCKER MERCHANDISING CO., Inc., et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 14, 1926.


Attorney(s) appearing for the Case

Hayward & Clark, of New York City (John Holley Clark, Jr., of New York City, of counsel), for plaintiffs in error.

Emory R. Buckner, U. S. Atty., of New York City (David P. Siegel and W. Houston Kenyon, Jr., Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Before MANTON, HAND, and MACK, Circuit Judges.


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

The only substantial question in the case is of the insufficiency of the proof. It is perfectly true, as it usually is in such cases, that there was no direct evidence of fraud in the scheme, and unless the circumstances were such as justified a compelling inference that the whole plan at some stage became dishonest, the verdict ought not to have been taken. To decide that question, we must remember what the...

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