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CRAY, McFAWN & CO. v. HEGARTY, CONROY & CO.

No. 222.

109 F.2d 443 (1940)

CRAY, McFAWN & CO. v. HEGARTY, CONROY & CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

February 5, 1940.

Attorney(s) appearing for the Case

Holthusen & Pinkham, of New York City (Henry F. Holthusen, Spencer Pinkham, and Charles E. Oberle, all of New York City, of counsel), for appellant.

George A. Spiegelberg and Mack, McCauley, Spiegelberg & Gallagher, all of New York City, for appellee Hegarty, Conroy & Co., Inc.

Louis Connick and Simpson, Thacher & Bartlett, all of New York City, for appellee Atlas Corporation.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER CURIAM.

The record supports the crucial findings of fact of the district judge, so that we cannot hold them to be "clearly erroneous". Rule 52(a), 28 U.S.C.A. following section 723c. Hegarty's testimony, which the judge accepted, was that it was well understood by everyone on July 19, 1935, that his firm alone was to accept any part of the risk of the purchase, and that nobody had any interest in the venture except Grier, and he only by way of "finder's fee"....

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