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SEABOARD TERMINAL & REFRIGERATION CO. v. DROSTE

No. 132.

80 F.2d 95 (1935)

SEABOARD TERMINAL & REFRIGERATION CO. v. DROSTE.

Circuit Court of Appeals, Second Circuit.

December 9, 1935.

Attorney(s) appearing for the Case

Jacobson, O'Neill & Baum, of New York City (Isaac N. Jacobson, of New York City, of counsel), for appellant.

Harry F. Mela and Lionel S. Popkin, both of New York City, for appellee.

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

L. HAND, Circuit Judge.

The plaintiff, a New Jersey company, operated a warehouse in Jersey City, in which the Dairy Trading Corporation, of which the defendant was president, had stored certain cases of eggs and butter during August, 1933, on which the plaintiff had a lien for the repayment of advances. The theory of the first count is that the defendant secured the delivery of the eggs to the Dairy Trading Corporation by falsely representing that that company was...

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