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RUTKIN v. REINFELD

No. 14, Docket 23455.

229 F.2d 248 (1956)

James RUTKIN, Plaintiff-Respondent, v. Joseph REINFELD, Samuel Bronfman and Allen Bronfman, individually, and as co-partners doing business under the style and name of Bronfman Interests and Browne-Vintners Co., Inc., Renfield Importers, Ltd., and Harold C. (Sonny) Levin, also known as Harold C. Renfield, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided January 25, 1956.

Attorney(s) appearing for the Case

Theodore Kiendl, New York City (Davis, Polk, Wardwell, Sunderland & Kiendl; William R. Meagher, New York City, of counsel, on the brief), for defendants-appellants Joseph Reinfeld, Renfield Importers, Ltd. and Harold C. (Sonny) Levin also known as Harold C. Renfield.

Lowell Wadmond, New York City (White & Case, Thomas Kiernan and William D. Conwell, New York City, of counsel, on the brief), for defendants-appellants Samuel Bronfman, Allen Bronfman and Browne-Vintners Co. Inc.

Maurice Edelbaum, New York City (Clarence Fried, Edwin F. Russo and Edward Halle, New York City, of counsel, on the brief), for plaintiff-respondent.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

LUMBARD, Circuit Judge.

From a judgment against them on a jury verdict for $77,200, which with interest from January 15, 1947 totals $115,116.69, the four individual and two corporate defendants appeal on numerous grounds. We consider two of those grounds sufficient to require reversal of the judgment — namely, the failure to bring suit within the applicable limitation period and the fact that the plaintiff's claims for damages arise from alleged fraud concerning...

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