JOHNSON v. CITY CO. OF NEW YORK

No. 1209.

78 F.2d 782 (1935)

JOHNSON v. CITY CO. OF NEW YORK, Inc.

Circuit Court of Appeals, Tenth Circuit.

July 9, 1935.


Attorney(s) appearing for the Case

James R. Jones, of Denver, Colo., for appellant.

Montgomery Dorsey, of Denver, Colo. (Gerald Hughes and Clayton C. Dorsey, both of Denver, Colo., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

This is an action at law to recover damages. Plaintiff instituted the suit in two counts against the National City Company, a corporation organized under the laws of the state of New York with an office in Denver, Colorado. The corporate name of the defendant was changed during the pendency of the suit to the City Company and that substitution was made of record.

It was alleged in the first count that on November 1, 1929, plaintiff...

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