MOSBACHER v. UNITED STATES

No. 43916.

30 F.Supp. 703 (1940)

MOSBACHER v. UNITED STATES.

Court of Claims.

January 8, 1940.


Attorney(s) appearing for the Case

Ferdinand Tannenbaum, of New York City (Olvany, Eisner & Donnelly and Mark Eisner, all of New York City, on the brief), for plaintiff.

J. W. Hussey, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, Sp. Assts. to Atty. Gen., on the brief), for defendant.

Before WHALEY, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHITAKER, Judges.


WHITAKER, Judge.

In this case plaintiff seeks to offset certain losses which he claims he sustained in trading on the New York Curb Exchange against his profits therefrom. The issue is whether the losses were sustained by him individually or by an alleged partnerhip or joint venture of which plaintiff was a member. The answer depends on whether or not the association between plaintiff and certain men named Greenstein, Stern, and Schwartz was a partnership or joint...

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