Eidman v. Lewisohn

Decided April 4, 1910.)

Second Circuit Court of Appeals · decided 1910-04-04

<p>In Error to the Circuit Court of the United. States for the Southern District of New York. On writ of error to review a judgment of the Circuit Court entered in favor, of the plaintiffs by direction of the court, a jury having been duly waived.</p>

2 counsel of record

Relies on Eidman v. Tilghman

Opinion by (per_curiam) · Decided 1910-04-04

¶1In Error to the Circuit Court of the United. States for the Southern District of New York. On writ of error to review a judgment of the Circuit Court entered in favor, of the plaintiffs by direction of the court, a jury having been duly waived.

¶2I-Ienry A. Wise (W. L. Womple, of counsel), for plaintiff .in error.

¶3Hoadly, Lauterbach & Johnson (H.. Siegrist, Jr., and F. R. Minrath, of counsel)., for defendants ,in error.

¶4Before COXE, WARD, and NOYES, Circuit Judges.

¶5 *1003PER CURIAM.

¶6We agree with the judge of the Circuit Court in thinking, that the payment under protest was sufficient. All of the other questions have' been repeatedly decided in favor of the plaintiffs by this and other federal courts. Eidman v. Tilghman, 136 Fed. 141, 69 C. C. A. 139. The judgment is affirmed.