PROPSTRA v. DYER

No. 253, Docket 21979.

189 F.2d 810 (1951)

PROPSTRA v. DYER et al. (SUGAR TRADING CORP., Third Party Defendant and Fourth-Party Plaintiff).

United States Court of Appeals Second Circuit.

Decided June 4, 1951.


Attorney(s) appearing for the Case

Eben C. Gould, New York City, for plaintiff-appellant.

Gammans & Goldin, New York City, Friedman & Friedman, New York City, Douglass Newman, New York City (Nelson Gammans, New York City, of Counsel), for defendants-respondents.

Before SWAN, AUGUSTUS N. HAND and CLARK, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

Propstra, a citizen of Washington, brought an action against defendants, citizens of New York, who do business as sugar brokers under the name of B. W. Dyer & Company (Dyer), who impleaded Sugar Trading Corporation and another, for breach of warranty in the sale of a carload of glucose. The District Court granted Dyer's motion, made during plaintiff's presentation of his case, to dismiss the action on the merits as to it and dismissed...

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