WALRADT v. MILLER

No. 64.

45 F.2d 686 (1930)

WALRADT v. MILLER et al.

Circuit Court of Appeals, Second Circuit.

December 1, 1930.


Attorney(s) appearing for the Case

David Haar, of New York City, for appellants.

Arthur Leonard Ross, of New York City, for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


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

As there was evidence to support the findings of the District Court that the assignments were given as security only and that Cohen was allowed to and did exercise dominion over all the accounts first assigned as though they were his own up to the time Miller took them over in January, we should and do treat both those findings as establishing the facts. Coder v. Arts (C. C. A.) 152 F. 943, 946. From the fact...

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