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GILLESPIE v. HONGKONG & SHANGHAI BANKING CORPORATION

No. 5190.

23 F.2d 670 (1928)

GILLESPIE et al. v. HONGKONG & SHANGHAI BANKING CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

January 9, 1928.

Attorney(s) appearing for the Case

H. H. McPike, of San Francisco, Cal. (Frank J. Hogan, of Washington, D. C., Herman Goldman and Elkan Turk, both of New York City, and Benjamin Wiener, of Brooklyn, N. Y., of counsel), for plaintiffs in error.

Garret W. McEnerney, of San Francisco, Cal. (Davies & Bryan, of Shanghai, China, and Andrew F. Burke, of San Francisco, Cal., of counsel), for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

This is a writ of error to review a judgment of the United States Court for China in favor of the plaintiff, based on special findings of fact. The assignments of error are all based on the insufficiency of the testimony to support some of the special findings, but the findings themselves were not excepted to, and the sufficiency of the testimony to support them was not challenged in the court below. On such a record it is firmly settled, if...

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