UNITED STATES v. GEISE

No. 252.

56 F.2d 583 (1932)

UNITED STATES v. GEISE et al.

Circuit Court of Appeals, Second Circuit.

March 7, 1932.


Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty., of New York City, of counsel), for the United States.

House, Holthusen & McCloskey, of New York City (George V. A. McCloskey, Henry F. Holthusen, and Victor House, all of New York City, of counsel), for appellee American Surety Co. of New York.

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


MANTON, Circuit Judge.

A verdict was directed below for the appellant in the sum of $665.09, with interest, in an action against the appellee for defalcations of John J. Geise, an officer of the United States Army. Appellant in its complaint claimed $5,347.85. It appeals because recovery was limited to the lesser sum for the reason that the court below found the suit was not started within five years after the statement of...

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