Fidelity & Deposit Co. v. Krout, No. 59
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | AUGUSTUS N. HAND, CHASE, and CLARK, Circuit |
| Citation | 157 F.2d 912 |
| Parties | FIDELITY & DEPOSIT CO. OF MARYLAND v. KROUT et al. |
| Docket Number | Docket 20319.,No. 59 |
| Decision Date | 08 November 1946 |
157 F.2d 912 (1946)
FIDELITY & DEPOSIT CO. OF MARYLAND
v.
KROUT et al.
No. 59, Docket 20319.
Circuit Court of Appeals, Second Circuit.
Argued October 17, 1946.
Decided November 8, 1946.
Maurice & McNamee, of New York City (Stewart Maurice and Charles R. McNamee, both of New York City, of counsel), for Fidelity & Deposit Co. of Maryland.
Rubinton & Coleman, of Brooklyn (Leonard Acker, of Brooklyn, of counsel), for Irving Krout.
Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.
CHASE, Circuit Judge.
The appeal is by defendant Krout from a judgment for the plaintiff, and a dismissal of the cause of action on the merits as to defendant Leiter, entered in the District Court for the Eastern District of New York. The judgment followed the re-trial of the action by court without a jury after our reversal of a former judgment against Krout and in favor of Leiter and the remand of the cause. See, Fidelity & Deposit Co. of Maryland v. Krout, 2 Cir., 146 F.2d 531. Familiarity with the facts stated in the opinion in that case will now be assumed.
At the second trial, it was proved and found that Krout's signature on the check was genuine. It was also proved and found that after Krout represented to the bank that his signature on the check was forged the bank so notified the plaintiff which made an investigation "in the course of which the defendant Krout represented to the plaintiff that his name appearing upon the $3,500.00 check hereinbefore described was a forgery." It was also proved and found that, "The defendant Krout made said false representations to Blairstown Bank and to the plaintiff for the express purpose of inducing Blairstown Bank to restore the sum of $3,500.00 to the account of Meadowbrook Farms, Inc., of which corporation he then was an officer, director and stockholder, and for the express purpose of inducing the plaintiff to authorize Blairstown Bank to restore said sum to said account and to pay Blairstown Bank the amount of said loss." And further that the, "Blairstown Bank and the plaintiff believed the said false representations made by the defendant Krout and relied thereon. Blairstown Bank thereby was induced to restore and did restore the sum of $3,500.00 to the account of Meadowbrook Farms, Inc.; the plaintiff thereby was induced to authorize and did authorize Blairstown Bank to restore said sum to said account; and the plaintiff thereby was induced to pay and did pay Blairstown Bank the amount of said...
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Iodice v. Calabrese, No. 67 Civ. 887.
...prejudice in presenting their case. See, Stiles v. Gove, 345 F.2d 991, 994 (9th Cir. 1965); Fidelity & Deposit Co. of Maryland v. Krout, 157 F.2d 912, 913 (2d Cir. 1946); Rabenovets v. Crossland, 78 U.S.App.D.C. 54, 137 F.2d 675 Finally, defendants argue that the antitrust amendment should ......
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Civil v. Waterman Steamship Corporation, No. 92
...his action or nonaction. Gulbenkian v. Gulbenkian, 2 Cir., 147 F.2d 173, 158 A.L.R. 990; Fidelity & Deposit Co. of Md. v. Krout, 2 Cir., 157 F.2d 912, 914; Alcoa S. S. Co. v. Ryan, 2 Cir., 211 F.2d 576, 578. And it is clear that recognition of any such claim as respondent makes would imping......
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Arber v. Essex Wire Corporation, No. 72-2121
...express or implied consent of the parties. Scholl v. Scholl, 80 U.S. App.D.C. 292, 152 F.2d 672 (1945); Fidelity and Deposit Co. v. Krout, 157 F.2d 912 (2d Cir. 1946); Smith v. Cushman Motor Works Co., 178 F.2d 953 (8th Cir. 1950). See generally 5 Moore's Federal Practice § 38.41, 329 (1971......
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Alcoa SS Co. v. Ryan, No. 23002.
...long since been waived. Gulbenkian v. Gulbenkian, 2 Cir., 147 F.2d 173, 158 A.L.R. 990; Fidelity & Deposit Co. of Md. v. Krout, 2 Cir., 157 F.2d 912; Moore v. United States, 5 Cir., 196 F.2d 906; American Fidelity & Cas. Co. v. All American Bus Lines, 10 Cir., 190 F. 2d 234, certiorari deni......
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Iodice v. Calabrese, No. 67 Civ. 887.
...prejudice in presenting their case. See, Stiles v. Gove, 345 F.2d 991, 994 (9th Cir. 1965); Fidelity & Deposit Co. of Maryland v. Krout, 157 F.2d 912, 913 (2d Cir. 1946); Rabenovets v. Crossland, 78 U.S.App.D.C. 54, 137 F.2d 675 Finally, defendants argue that the antitrust amendment should ......
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Civil v. Waterman Steamship Corporation, No. 92
...his action or nonaction. Gulbenkian v. Gulbenkian, 2 Cir., 147 F.2d 173, 158 A.L.R. 990; Fidelity & Deposit Co. of Md. v. Krout, 2 Cir., 157 F.2d 912, 914; Alcoa S. S. Co. v. Ryan, 2 Cir., 211 F.2d 576, 578. And it is clear that recognition of any such claim as respondent makes would imping......
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Arber v. Essex Wire Corporation, No. 72-2121
...express or implied consent of the parties. Scholl v. Scholl, 80 U.S. App.D.C. 292, 152 F.2d 672 (1945); Fidelity and Deposit Co. v. Krout, 157 F.2d 912 (2d Cir. 1946); Smith v. Cushman Motor Works Co., 178 F.2d 953 (8th Cir. 1950). See generally 5 Moore's Federal Practice § 38.41, 329 (1971......
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Alcoa SS Co. v. Ryan, No. 23002.
...long since been waived. Gulbenkian v. Gulbenkian, 2 Cir., 147 F.2d 173, 158 A.L.R. 990; Fidelity & Deposit Co. of Md. v. Krout, 2 Cir., 157 F.2d 912; Moore v. United States, 5 Cir., 196 F.2d 906; American Fidelity & Cas. Co. v. All American Bus Lines, 10 Cir., 190 F. 2d 234, certiorari deni......