HIRSCH v. MORTON

No. 3436.

13 F.2d 701 (1926)

HIRSCH v. MORTON.

Circuit Court of Appeals, Third Circuit.

July 2, 1926.


Attorney(s) appearing for the Case

Chas. H. Sachs and Sachs & Caplan, all of Pittsburgh, Pa., for appellant.

Frank R. S. Kaplan, of Pittsburgh, Pa., for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and THOMSON, District Judge.


BUFFINGTON, Circuit Judge.

Stripped of other and irrelevant matter, the facts pertinent to the determination of this case are as follows:

The Kavanaugh De Niro Construction Company, hereafter called Niro Company, leased from the Osgood Company a steam shovel, and thereafter, fraudulently assuming ownership, sold the same to Henry Hirsch for $5,850, who paid $1,000 cash and later paid to the Diamond National Bank of Pittsburgh, on a draft drawn by Niro Company...

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