Hirsch v. Morton

BUFFINGTON, Circuit Judge.

Stripped of other and irrelevant matter, the facts pertinent to the determination of this case are as follows:

The Kavanaugh De Niro Construction Company, hereafter called Niro Company, leased from the Osgood Company a steam shovel, and thereafter, fraudulently assuming ownership, sold the same to Henry Hirsch for $5,850, who paid $1,000 cash and later paid to the Diamond National Bank of Pittsburgh, on a draft drawn by Niro Company on him, the balance of the purchase money, $4,850. While the sum was lying in the bank, Hirsch discovered the fraud perpetrated on him,…