Zadig v. ætna Ins. Co.

42 F.2d 142 (1930)

ZADIG

v.

ÆTNA INS. CO.

No. 337.

Circuit Court of Appeals, Second Circuit.

May 12, 1930.

Putney, Twombly & Putney, of New York City (Frederic R. Sanborn, of New York City, of counsel), for appellant.

Bigham, Englar & Jones, of New York City (Arthur W. Clement and Henry J. Bogatko, both of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and MACK, Circuit Judges.

The plaintiff filed its complaint in the state court in July, 1926, the cause was removed, the defendant answered in July, 1927, and neither side noticed the case for trial. Rule 28 of the General Rules of the…