PAGE v. RHODE ISLAND HOSPITAL TRUST CO.

No. 3184.

88 F.2d 192 (1937)

PAGE v. RHODE ISLAND HOSPITAL TRUST CO.

Circuit Court of Appeals, First Circuit.

February 12, 1937.


Attorney(s) appearing for the Case

Edward H. Horton, Sp. Asst. to Atty. Gen. (Robert H. Jackson, Asst. Atty. Gen., Sewall Key, Norman D. Keller, and Samuel E. Blackham, Sp. Assts. to Atty. Gen., and J. Howard McGrath, U. S. Atty., of Providence, R. I., on the brief), for appellant.

James F. Armstrong, of Providence, R. I. (Harold A. Andrews and Hinckley, Allen, Tillinghast & Wheeler, all of Providence, R. I., on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.


WILSON, Circuit Judge.

This is an appeal from a judgment of the District Court of Rhode Island in an action to recover alleged overpayment of income taxes by the plaintiff's testator, Henry Pearce, Jr., for the year 1928.

Plaintiff's testator had for several years prior to 1924 purchased and sold securities on the New York Exchange through Harriman & Co., as brokers, with whom he had what is termed in brokerage circles a "margin account." During that time...

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