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CONNOR v. EXCESS INS. CO. OF AMERICA

No. 5061.

67 F.2d 901 (1933)

CONNOR v. EXCESS INS. CO. OF AMERICA.

Circuit Court of Appeals, Third Circuit.

October 24, 1933.

Attorney(s) appearing for the Case

Wall, Haight, Carey & Hartpence, of Jersey City, N. J. (Thomas G. Haight and Wm. H. Carey, both of Jersey City, N. J., of counsel), for appellant.

Gleason, McLanahan, Merritt & Ingraham, of New York City (Walter G. Merritt, of New York City, of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

The plaintiff brought suit in the District Court for the District of New Jersey to recover on a judgment which it had obtained against the defendant in a Missouri court of record. With the consent of the parties, but without the requisite waiver in writing (28 USCA § 773), the case was tried by a judge without a jury. The trial judge refused to give full faith and credit to the Missouri judgment and entered judgment in favor of the defendant...

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