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STELWAGON MFG. CO. v. ELVIDGE

No. 103.

30 F.2d 285 (1929)

STELWAGON MFG. CO., Inc., v. ELVIDGE et al.

Circuit Court of Appeals, Second Circuit.

January 7, 1929.

Attorney(s) appearing for the Case

Douglas, Armitage & McCann, of New York City (Kenneth M. Spence and Paul Van Anda, both of New York City, of counsel), for appellant Elvidge.

Griffiths & Content, of New York City (Charles H. Griffiths and Clarence V. Opper, both of New York City, of counsel), for appellants Stevenson and McGrath.

Mack & Taylor, of New York City (George A. Spiegelberg and Harry W. Mack, both of New York City, of counsel), for respondent.

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

PER CURIAM.

The appellee sued for damages resulting from a conspiracy to defraud. The evidence is ample, and indeed is not denied, justifying the trial court in submitting the issue of fraud and conspiracy to the jury. But complaint is made of the rule as to the measure of damages applied by the trial court. The court charged that, "if you find that two or more of the defendants are liable, you will then come to the question of damages; and the rule is that you will...

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