U.S. Court of Appeals for the Second Circuit, 1945

Fabris v. General Foods Corp.

U.S. Court of Appeals for the Second Circuit · Decided December 28, 1945

152 F.2d 660; 1945 U.S. App. LEXIS 2335 (Federal Reporter, Second Series)

Counsel

Nathan Baker, of Hoboken, N. J., for appellants., Reginald V. Spell, of New York City (Olin S. Nye, of New York City, of counsel), for appellee.

Cases that cite this one

6 later published cases cite this decision. The 5 that cite it most often are listed here.

Skidmore v. Baltimore & OR Co. (2d Cir. 1948)
Old Colony Bondholders v. New York, N. H. & H. R. (2d Cir. 1947)
United States v. Antonelli Fireworks Co. (2d Cir. 1946)
Western Spring Service Co. v. Andrew (10th Cir. 1956)
Jorgensen v. York Ice Machinery Corporation (2d Cir. 1947)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This appeal is predicated upon the district court’s refusal to set aside the verdict for misconduct of the jurors in,arriving at a verdict. The verdict was returned in open court in the presence of all the jurors. No request to poll them was made. Several days later the plaintiffs moved to set aside the verdict and grant a new trial, and in support of the motion submitted an affidavit by eight of the jurors that the verdict was the result of an agreement to abide by a majority vote. Three of the eight also signed an additional affidavit that some of the jurors told them a disagreement was not permissible and for that reason they agreed to abide by a majority vote. The judgment is affirmed on the authority of McDonald v. Pless, 238 U.S. 264, 35 S.Ct. 783, 59 L.Ed. 1300; cf. United States v. Pleva, 2 Cir., 66 F.2d 529, 533.

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