GOESS v. EHRET

No. 435.

85 F.2d 109 (1936)

GOESS v. EHRET.

Circuit Court of Appeals, Second Circuit.

July 27, 1936.


Attorney(s) appearing for the Case

Frederic P. Warfield, of New York City (Alfred L. Becker, of New York City, of counsel), for appellant.

Conboy, Hewitt, O'Brien & Boardman, of New York City (Martin Conboy, David Asch, William J. Butler, and Hobart L. Brinsmade, all of New York City, of counsel), for appellee.

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


L. HAND, Circuit Judge.

This is an appeal by the defendant from a judgment upon a note in favor of the Harriman Bank, of which the plaintiff is receiver. He has acknowledged liability for part of the note and paid it; against the balance he set up a counterclaim, based upon his rescission of purchases of eighty shares of the bank's stock. The facts as developed before the judge to whom the case was tried without a jury were as follows: The Harriman Securities Company...

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