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HALSEY, STUART & CO. v. FARMERS' BANK

No. 4066.

37 F.2d 476 (1930)

HALSEY, STUART & CO. v. FARMERS' BANK OF McSHERRYSTOWN.

Circuit Court of Appeals, Third Circuit.

January 23, 1930.

Attorney(s) appearing for the Case

Wm. Clarke Mason and John Murdoch Clarke, both of Philadelphia, Pa. (Sullivan & Cromwell, of New York City, and Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for appellant.

Stevens Heckscher and Duane, Morris & Heckscher, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, Circuit Judge, and THOMSON and AVIS, District Judges.

THOMSON, District Judge.

This was an action of assumpsit by the Farmers' Bank of McSherrystown against Halsey, Stuart & Co., investment brokers, to recover the purchase price of five bonds of the Elder Steel Steamship Company, of the par value of $1,000 each. As the basis of this action, plaintiff alleged that the bonds were bought from defendant, on the representation of its salesman, Edgar Paxon, that the two steamships which formed the security of the mortgage...

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