CAHAN v. EMPIRE TRUST CO.

No. 105.

9 F.2d 713 (1926)

CAHAN v. EMPIRE TRUST CO.

Circuit Court of Appeals, Second Circuit.

January 4, 1926.


Attorney(s) appearing for the Case

Hughes, Rounds, Schurman & Dwight, of New York City (Charles E. Hughes, Jr., Augustus L. Richards, and Bertram F. Willcox, all of New York City, of counsel), for plaintiff.

Parmly, Stetson & Woodward, of New York City (Van Vechten Veeder and Wm. L. Woodward, both of New York City, of counsel), for defendant.

Before HOUGH, HAND, and MACK, Circuit Judges.


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

We have not summarized all the evidence given, but have stated the only facts we deem material; they are also clearly proven.

This material evidence proves that defendant received without comment or question, collected, and credited to Cahan, Jr., and permitted him to use, the proceeds of 21 checks on their face showing that the depositor as a fiduciary — i. e., an attorney in fact — had...

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