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THOMS v. D. C. ANDREWS & CO.

No. 31.

54 F.2d 250 (1931)

THOMS et al. v. D. C. ANDREWS & CO., Inc.

Circuit Court of Appeals, Second Circuit.

November 9, 1931.

Attorney(s) appearing for the Case

George Thoms, of New York City (Francis Colety, of New York City, of counsel), for appellants.

Arthur Mayer, of New York City (Frank J. McEwen and Edward A. Alexander, both of New York City, of counsel), for appellee.

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

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

Stripped of all nonessentials, this case discloses a purchaser of goods, who had paid for them and left them with the seller to be shipped to him by the seller, seeking to recover from one whom the seller employed to act as its agent in forwarding the goods by water and to whom the seller had shipped them by rail to seaboard for such purpose, and who then, without notice of the true ownership, complied with...

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