WEISS v. DISTRICT TITLE INS. CO.

Nos. 7625, 7626.

121 F.2d 900 (1941)

WEISS v. DISTRICT TITLE INS. CO. DISTRICT TITLE INS. CO. v. WEISS.

United States Court of Appeals for the District of Columbia.

Decided May 19, 1941.


Attorney(s) appearing for the Case

George E. Sullivan, of Washington, D. C., for Freeman Weiss.

Morris Simon, Lawrence Koenigsberger, and Eugene Young, all of Washington, D. C., for District Title Ins. Co. and others.

Before GRONER, Chief Justice, and MILLER and RUTLEDGE, Associate Justices.


RUTLEDGE, Associate Justice.

The declaration was for money had and received. The answer admitted the obligation but pleaded payment. Only the third and the fifth pleas are involved, the others having been withdrawn. On plaintiff's replication to the third, the court "directed a verdict against defendants." It submitted the fifth to the jury; there was a verdict for defendants, and judgment was entered accordingly. After judgment plaintiff moved to set it aside and...

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