Opinion
No. 282.
March 1, 1937.
Appeal from the District Court of the United States for the Southern District of New York.
Arthur J. Brothers and Epstein Brothers, all of New York City, for appellant.
Hardy, Stancliffe Hardy, of New York City (William F. McDermott and George T. Barker, both of New York City, of counsel), for appellee.
Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.
Decree affirmed on the authority of Jennings v. United States Fidelity Guaranty Co., 294 U.S. 216, 55 S.Ct. 394, 79 L.Ed. 869, 99 A.L.R. 1248, which has overruled, though without mention, the doctrine of Schumacher v. Harriett, 52 F.2d 817, 82 A.L.R. 1 (C.C.A.4).