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UNITED STATES v. MORTIMER

No. 190.

118 F.2d 266 (1941)

UNITED STATES v. MORTIMER.

Circuit Court of Appeals, Second Circuit.

March 17, 1941.

Attorney(s) appearing for the Case

Walter Brower and Bernard Tompkins, Sp. Assts. to Atty. Gen., for the United States.

Theodore Kiendl, of New York City (John T. Dooling and Earl E. Keyes, both of New York City, on the brief), for appellant.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

In 1935, appellant, George T. Mortimer, was indicted with five other persons, all officers of the New York Title and Mortgage Company in 1930, '31, and '32, for using the mails to defraud and for conspiring to do so. 18 U.S.C.A. §§ 338, 88. Of this group, Cyril H. Burdett, a vice-president of the company, died during the course of the trial; Joseph C. Shields, a vice-president, was acquitted; Harry H. Kahler, chairman of the board of...

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