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SHANKS v. BANTING MFG. CO.

No. 516.

9 F.2d 116 (1925)

SHANKS et al. v. BANTING MFG. CO. et al.

District Court, N. D. Ohio, W. D.

November 12, 1925.

Attorney(s) appearing for the Case

George W. Ritter and Fritsche, Kruse & Winchester, all of Toledo, Ohio, for plaintiffs.

Mulholland & Hartmann, of Toledo, Ohio, and Clarence U. Ahl, of Bucyrus, Ohio, for defendants.

KILLITS, District Judge.

The complainants in this case were guarantors on a promissory note in the sum of $4,500. The note contained the customary cognovit clause, authorizing and empowering any attorney to appear without process and confess judgment, etc., in any court of record. The guaranty which complainants signed, provided, among other things, for a waiver of presentment, demand, protest, etc., for the insurance of the payment of the principal and interest of...

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