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HUNTSMAN v. LONGWELL

No. 4150.

4 F.2d 105 (1925)

HUNTSMAN v. LONGWELL

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 10, 1925.

Attorney(s) appearing for the Case

C. W. Croom, of El Paso, Tex., and Zach Lamar Cobb, of Los Angeles, Cal. (Croom, Goldstein & Croom, of El Paso, Tex., on the brief), for plaintiff in error.

A. H. Culwell, of El Paso, Tex. (W. M. Coldwell, of El Paso, Tex., on the brief), for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

Longwell recovered judgment against Huntsman in an action on a promissory note given by the latter to the former, and dated November 11, 1917, which note was given in renewal of a note of Huntsman to Longwell, dated May 11, 1917, for $15,000, with interest thereon at 8 per cent. per annum. The defense of usury was set up by a pleading which contained allegations to the effect that Huntsman, as compensation for the use of the principal sum borrowed...

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