NATIONAL CITY BANK OF NEW YORK CITY
v.
OELBERMANN ET AL.

U.S. | 1936-04-06
No. 787
298 U.S. 638 Supreme Court of the United States (1936) Positive Treatment
Cited by 4 cases
Per_curiam
Per Curiam:

Per Curiam:

Petition for writ of certiorari granted. The judgment is modified by substituting a direction for a judgment of dismissal on"the merits with costs in place of the direction for a new trial, and, as so modified, is affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Mass. Mut. Life Ins. Co. v. Pistolesi, 160 F.2d 668 (9th Cir. 1947)
    …ge Co., 7 Cir., 115 F. 2d 713, 716; Paul Revere Life Ins. Co., Worcester, Mass., v. Stanfield, 10 Cir., 151 F. 2d 776; Baltimore & Carolina Line v. Redman, 295 U.S. 654, 661, 55 S.Ct. 890, 79 L.Ed. 1636; National City Bank of New York v. Oelbermann, 298 U.S. 638, 56 S.Ct. 676, 80 L.Ed. 1372. The judgment appealed from is reversed and the cause remanded to the district court for the action above indicated.…
  • Day-Gormley Co. v. Nat'l City Bank of N.Y., 89 F.2d 703 (2d Cir. 1937)
    …F. 846, 848 (C.C. A.2). In the case at bar the finding was general, as we have already stated. A dismissal or nonsuit merely for failure of proof may, like a directed verdict, [*706] be properly made on the merits. National City Bank v. Oelbermann, 298 U.S. 638, 56 S.Ct. 676, 80 L.Ed. 1372; Baltimore & Carolina Line v. Redman, 295 U.S. 654, 661, 55 S. Ct. 890, 79 L.Ed. 1636. The dismissal by the court is to be taken as on the merits because it was granted without any statement that it was without prejudic…

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