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T. W. WARNER CO. v. ANDREWS

No. 17.

73 F.2d 287 (1934)

T. W. WARNER CO. v. ANDREWS et al.

Circuit Court of Appeals, Second Circuit.

November 5, 1934.

Attorney(s) appearing for the Case

Platt, Taylor & Walker, of New York City (Eli J. Blair, of New York City, of counsel), for appellant.

A. M. Lowenthal, of New York City, for appellee Andrews.

George L. Naught, of New York City (Allan C. Rowe, of New York City, of counsel), for appellee American Surety Co.

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

L. HAND, Circuit Judge.

The plaintiff appeals from a judgment in its favor against Andrews and the American Surety Company for insufficiency in damages. It will be convenient to ignore its corporate character and speak of its sole shareholder, Warner, as though he were the plaintiff. The first count of the complaint is against Andrews to recover for damages caused by three attachments taken out in two actions begun by him in the summer of 1928. The second is against...

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