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DE WAAY v. DOMINICK

No. 212, Docket 21272.

174 F.2d 204 (1949)

DE WAAY v. DOMINICK et al.

United States Court of Appeals Second Circuit.

April 25, 1949.

Attorney(s) appearing for the Case

Brower, Brill & Gangel, of New York City Benj. J. Jacobson, of Long Island City, N. Y., and Coleman Gangel and Joseph E. Brill, both of New York City, of counsel), for appellant.

McCormick, McCormick & Dunne, of New York City (Robert M. McCormick and Robert M. McCormick, Jr., both of New York City, of counsel), for appellees.

Before CHASE, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

The appeal is from a judgment for the defendants on the verdict of a jury in a suit to recover a balance claimed due on account.

The contested issue at the trial was whether the appellees were entitled to credit for $40,000 in United States bank notes which the appellant had instructed them to send from New York to him in Brussels, Belgium by clipper air mail, registered, but uninsured. They mailed the appellant a package pursuant to his instructions...

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