MCCARTHY

v.

UNITED STATES

Citator

Cited By (12 total)

• United States v. Buckner, 108 F.2d 921 (2d Cir. 1940)
  …efendants’ activities were not “in the best interests” of the bondholders. These, however, are surplusage and may be ignored so long as the rest of the indictment is sufficient. Compare United States v. Brown, 2 Cir., 79 F. 2d 321, certiorari denied 296 U.S. 650, 56 S.Ct. 309, 80 L.Ed. 462; United States v. Goldsmith, 2 Cir., 108 F. 2d 917. Defendants’ main objections to the indictment really go to the substance of the charges themselves and the-sufficiency of the proof to support convictions on each count…
• Charles Hughes & Co., Inc. v. Sec. & Exch. Comm'n, 139 F.2d 434 (2d Cir. 1943)
  …no difference between express representation on the one hand and implied misrepresentation or concealment on the other. Strong v. Repide, 213 U.S. 419, 430, 29 S.Ct. 521, 53 L.Ed. 853; United States v. Brown, 2 Cir., 79 F. 2d 321, certiorari denied 296 U.S. 650, 56 S.Ct. 309, 80 L.Ed. 462. “The best element of business has long since decided that honesty should govern competitive enterprises, and that the rule of caveat emplor should not be relied upon to reward fraud and deception.” Federal Trade Commissi…
• Coplin v. United States, 88 F.2d 652 (9th Cir. 1937)
  …‘studied acts and conduct of the defendants,’ such as are described in the instruction.” See, also, Harris v. United States (C.C.A.9) 48 F.(2d) 771, 781; United States v. Brown (C.C.A.2) 79 F.(2d) 321, 325, 326, certiorari denied, McCarthy v. U.S., 296 U.S. 650, 56 S.Ct. 309, 80 L.Ed. 462. Accordingly, we hold that the court below committed no error when it denied the appellants’ motions for a directed verdict. Other assignments of error deal with the admission of certain evidence, chiefly documentary, a…

  ← 1 / 2 →