C. F. CHILDS & CO. v. HARRIS TRUST & SAVINGS BANK

No. 4007.

27 F.2d 633 (1928)

C. F. CHILDS & CO. v. HARRIS TRUST & SAVINGS BANK, for USE of AMERICAN SURETY CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied September 13, 1928.


Attorney(s) appearing for the Case

Louis L. Dent, of Chicago, Ill., for plaintiff in error.

Frederic F. & John V. Norcross and Henry Fitts, all of Chicago, Ill., for defendant in error.

Before ALSCHULER and ANDERSON, Circuit Judges, and CARPENTER, District Judge.


CARPENTER, District Judge.

The action before the trial court and a jury was in trover, for the recovery of the value of 23 United States Victory 4¾ per cent. bonds, of the par value of $1,000 each, maturity date May 20, 1923.

When the evidence was all presented, attorneys for both parties asked for a directed verdict. "This was necessarily a request that the court find the facts, and the parties are therefore concluded by the finding made by the court...

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