DAY-GORMLEY CO. v. NATIONAL CITY BANK OF NEW YORK

No. 344.

89 F.2d 703 (1937)

DAY-GORMLEY CO. v. NATIONAL CITY BANK OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

May 3, 1937.


Attorney(s) appearing for the Case

Borris M. Komar, of New York City, for appellant.

Shearman & Sterling, of New York City (Joseph M. Proskauer, Philip A. Carroll, J. Alvin Van Bergh, and Eugene Eisenmann, all of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The complaint in this action, as amended, contained two counts. Each was dismissed at the close of plaintiff's case and the judgment signed by the clerk recited that:

"* * * the parties appearing by counsel and a jury trial having been waived * * * by oral stipulation in open court; and the allegations and proofs on the part of the plaintiff having been fully heard and considered, and the defendant having moved to dismiss the...

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