UNITED STATES v. BORNN

No. 206.

104 F.2d 641 (1939)

UNITED STATES v. BORNN et al.

Circuit Court of Appeals, Second Circuit.

June 12, 1939.


Attorney(s) appearing for the Case

Holthusen & Pinkham, of New York City (Henry F. Holthusen and Spencer Pinkham, both of New York City, of counsel), for appellant Bornn.

Simpson, Thacher & Bartlett, of New York City (Graham Sumner, Robert H. O'Brien, Richard Jones, and James P. Murtagh, all of New York City, of counsel), for appellant Royal Indemnity Co.

Vine H. Smith, U. S. Atty., of Brooklyn, N. Y. (William S. Perlman, of Brooklyn, N. Y., and William A. Tarver, of Washington, D. C., of counsel), for appellee.

Before L. HAND, CLARK, and PATTERSON, Circuit Judges.


PATTERSON, Circuit Judge.

The United States, after trial on the merits with jury waived, recovered judgment for $100,000 and interest against both defendants on three bonds covering use of specially denatured alcohol by the defendant Bornn, and for the further sum of $303,858.22 against Bornn alone for taxes. The defendants' appeal raises questions of law.

The bonds were given under the Denatured Alcohol Act of June 7, 1906, 26 U.S.C.A. §§ 1320-1323...

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