CLEVELAND TRUST CO. v. LAMBORN

No. 5512.

44 F.2d 300 (1930)

CLEVELAND TRUST CO. v. LAMBORN et al.

Circuit Court of Appeals, Sixth Circuit.

November 11, 1930.


Attorney(s) appearing for the Case

W. H. Boyd, of Cleveland, Ohio (Boyd, Cannon, Brooks & Wickham, Richard S. Douglas, and W. D. Cole, all of Cleveland, Ohio, on the brief), for appellant.

Clan Crawford, of Cleveland, Ohio (Van Doren, Conklin & McNevin, of New York City, Squire, Sanders & Dempsey, of Cleveland, Ohio, and Louis O. Van Doren and Alfred C. B. McNevin, both of New York City, on the brief), for appellees.

Before DENISON, MOORMAN, and HICKS, Circuit Judges.


MOORMAN, Circuit Judge.

This is the second appeal of this case. On the former we held, 29 F.2d 46, that the lower court should have directed a verdict for the plaintiff because the trust company was estopped from making the defense upon which it relied. We did not deem it necessary to pass upon the merits of the defense; that is, the sufficiency of the documents supporting plaintiffs' draft. Upon the retrial, the court directed a...

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