F. H. PEAVEY & CO. v. FIRST NAT. BANK OF DICKINSON

No. 12726.

140 F.2d 815 (1944)

F. H. PEAVEY & CO. v. FIRST NAT. BANK OF DICKINSON.

Circuit Court of Appeals, Eighth Circuit.

February 24, 1944.


Attorney(s) appearing for the Case

Milton K. Higgins, of Mandan, N. D. (John P. Sullivan, J. P. Fleck and W. J. Sullivan, all of Mandan, N. D., Albert C. Remele, of Minneapolis, Minn., and Sullivans, Fleck & Higgins, of Mandan, N. D., on the brief), for appellant.

P. W. Lanier, of Fargo, N. D., J. K. Murray, of Bismarck, N. D., and J. P. Stevens, of Fargo, N. D., for appellee.

Before STONE, THOMAS, and JOHNSEN, Circuit Judges.


THOMAS, Circuit Judge.

Upon submission of this cause counsel for appellant stated that the only question for determination arises out of the challenged sufficiency of the evidence to support the verdict of the jury; and the record fairly considered presents no other question. The rule is, therefore, applicable that the evidence and all reasonable inferences deducible therefrom must be considered in the light most favorable to the plaintiff. Gunning v. Cooley,

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