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WEAGANT v. BOWERS

No. 99.

24 F.2d 362 (1928)

WEAGANT v. BOWERS, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

February 6, 1928.

Attorney(s) appearing for the Case

Adrian C. Humphreys and Marion W. Ripy, both of New York City, and Robert N. Anderson, of Washington, D. C., for plaintiff in error.

Charles H. Tuttle, U. S. Atty., of New York City (Frank Chambers, Asst. U. S. Atty., of New York City, of counsel), for defendant in error.

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

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

In spite of the allegations of the complaint that the payments to the plaintiff were bestowed and accepted as gifts, there is a reference in the pleading to the instrument of October 3, 1917, and it is distinctly alleged that by that instrument the Marconi Company "promised to give to the * * * plaintiff one-third of the net receipts or profits which it might thereafter obtain from the sale of any...

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