Lamborn v. National Bank of Commerce of Norfolk

ROSE, Circuit Judge.

This is the second time this case has been here. What has been said (2 F.[2d] 23) need not be repeated. At the new trial the learned District Judge thought that the plaintiffs had offered no admissible testimony strengthening the case once held insufficient, and he directed a verdict for the defendant. The plaintiffs assign 17 errors, which resolve themselves into three contentions.

Alleged Waiver by the Defendant.

The plaintiffs say that defendant waived its right to rely upon the defense which we held decisive in its favor. The argument is: The defendant, when it refused…