PENDLETON BROS. v. PEARCE

No. 188.

10 F.2d 692 (1926)

PENDLETON BROS., Inc., v. PEARCE et al.

Circuit Court of Appeals, Second Circuit.

March 1, 1926.


Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (John W. Crandall and Edna Rapallo, both of New York City, of counsel), for appellants.

Fitzgerald, Stapleton & Mahon, of New York City (Avery F. Cushman, of New York City, of counsel), for appellee.

Before MANTON, HAND, and MACK, Circuit Judges.


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

The motion to dismiss the appeal must be denied. Assuming that the original notice of appeal was insufficient, because of its failure to name Badcock, his subsequent notice within season supplied the defect. The suggestion that Pearce could not ratify his proctors' appeal, even if originally unauthorized, is so far as we know quite without support in authority, as it is certainly contrary to principle. Why the...

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