NEFF & FRY CO. v. ASHMEAD

No. 87.

36 F.2d 771 (1929)

NEFF & FRY CO. v. ASHMEAD.

Circuit Court of Appeals, Second Circuit.

December 9, 1929.


Attorney(s) appearing for the Case

Wood & Marshall, of Jamaica, N. Y. (Fowler & Fay, of Jamaica, N. Y., on the brief), for appellant.

Bernard A. Shalek, of New York City (Edgar R. Mead, of New York City, on the brief), for appellee.

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


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

Appellant contends: (1) That the court erred in striking the defenses and counterclaims, because fraud in the procurement of a written contract is, within section 274b of the Judicial Code (28 USCA § 398), a proper defense in an action at law, and may be established by oral proof; and (2) that the evidence of the single witness produced was insufficient to warrant the direction of a verdict for the full...

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