BISHOP & CO. v. MIDLAND BANK

No. 7795.

84 F.2d 585 (1936)

BISHOP & CO., Inc., v. MIDLAND BANK.

Circuit Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing August 17, 1936.


Attorney(s) appearing for the Case

John A. Powell and Louis W. Myers, both of Los Angeles, Cal. (O'Melveny, Tuller & Myers, of Los Angeles, Cal., of counsel), for appellant.

Clarence M. Hanson, of Los Angeles, Cal. (Freston & Files, of Los Angeles, Cal., of counsel), for appellee.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.


GARRECHT, Circuit Judge.

This is an appeal from a judgment founded upon an order sustaining a demurrer to the plaintiff's second amended complaint, without leave to amend.

The facts, as disclosed by the second amended complaint, are as follows:

The appellant, affiliated with the National Biscuit Company, a corporation, through various brokers, had been doing business with Forwood & Sellar, Limited, of Liverpool, England, for nearly eighteen years...

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