WARNER BROS. & CO. v. ISRAEL

No. 115.

101 F.2d 59 (1939)

WARNER BROS. & CO., Limited, v. ISRAEL.

Circuit Court of Appeals, Second Circuit.

January 16, 1939.


Attorney(s) appearing for the Case

Baer & Marks, of New York City (Joseph M. Proskauer, Donald Marks, and Jacob P. Aronson, all of New York City, of counsel), for appellant.

Coudert Brothers, of New York City (Frederic R. Coudert and Percy A. Shay, both of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The plaintiff, a British corporation, has sued to recover the unpaid remainder of the purchase price of four lots of sugar it sold to the defendant, a New York citizen residing in the City of New York. Jurisdiction based upon diversity of citizenship with the required amount in controversy was made to appear. Trial was by court.

The suit is upon four causes of action which are all alike. As decision upon the first will control as to the...

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