FALTER v. UNITED STATES

No. 107.

23 F.2d 420 (1928)

FALTER et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 9, 1928.


Attorney(s) appearing for the Case

Davies, Auerbach & Cornell, of New York City (Martin A. Schenck, Frederic C. Scofield, and Emily C. Holt, all of New York City, of counsel), for plaintiffs in error Canter and Weiss.

Bandler, Haas & Collins, of New York City (Nash Rockwood, Harry S. Bandler, and John F. Collins, all of New York City, of counsel), for plaintiff in error Falter.

Edwin G. Davis, of Washington, D. C., for the United States.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


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

The question going to the heart of the case is whether a fraud was proved within the statute, especially in the light of what the judge said to the jury. The defendants argue that it was error to instruct them that it was a fraud to defeat the right of the United States "to fully contract," or to deprive it of "its dominion as an owner" and "its freedom to contract as such." Some of these quotations are not...

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