JONES v. HALLER

No. 95.

123 F.2d 845 (1941)

JONES v. HALLER.

Circuit Court of Appeals, Second Circuit.

November 24, 1941.


Attorney(s) appearing for the Case

Isidor Neuwirth, of Brooklyn, N. Y., for appellant.

Fred H. Rees and Evans & Rees, all of New York City (Donald I. Peyser and William G. Walsh, all of New York City, of counsel), for appellee.

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


PER CURIAM.

In order to reverse this judgment we should have to hold that the judge's finding that the parties became partners in January, 1938, was "clearly erroneous." Nothing could be further from the truth; the defendant over and over again wrote letters to the plaintiff which were incompatible with any other conclusion than that he meant the plaintiff to consider himself a partner. Further, it is incredible that he should have encouraged the plaintiff to learn...

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