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SIEGMANN v. MEYER

No. 71.

100 F.2d 367 (1938)

SIEGMANN v. MEYER et al.

Circuit Court of Appeals, Second Circuit.

December 12, 1938.

Attorney(s) appearing for the Case

Sherman & Goldring, of New York City (Carl Sherman, of New York City, of counsel), for appellant.

Leon London, of New York City (Leon London and Harry J. Chernock, both of New York City, of counsel), for appellees.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This appeal is from a judgment dismissing a complaint as against the husband in an action for assault against a husband and wife. The wife was the assailant and committed the assault in Florida, where she had gone without her husband: both defendants were citizens of New York and the husband had never been in Florida. The common-law still obtains in Florida, under which a husband is liable for his wife's torts; and the plaintiff asserts that...

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