CZARNIKOW-RIONDA CO. v. WEST MARKET GROCERY CO.

No. 364.

21 F.2d 309 (1927)

CZARNIKOW-RIONDA CO. v. WEST MARKET GROCERY CO.

Circuit Court of Appeals, Second Circuit.

August 1, 1927.


Attorney(s) appearing for the Case

Glenn & Ganter, of New York City (Garrard Glenn and James F. Dealy, both of New York City, of counsel), for plaintiff in error.

Edwin M. Bohm, of New York City, and Ralph Merriam, of Chicago, Ill., for defendant in error.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


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

The main question presented on this writ of error raises an interesting point of law, but before reaching it the sufficiency of the evidence to prove one essential fact must be considered. The defendant contends that the plaintiff entirely failed to prove that the sugar of which it complains was defective in quality when loaded on the cars at the refinery. The question is properly raised on this record, under...

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