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PAIN v. HOLTCAMP

No. 6903.

10 F.2d 443 (1925)

PAIN v. HOLTCAMP et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 13, 1926.

Attorney(s) appearing for the Case

Thomas D. Cannon and R. M. Nichols, both of St. Louis, Mo., for plaintiff in error.

E. W. Banister, of St. Louis, Mo. (Carter, Nortoni & Jones, Henry S. Caulfield, Edwin W. Lee, and Banister, Leonard, Sibley & McRoberts, all of St. Louis, Mo., on the brief), for defendants in error.

Before LEWIS and BOOTH, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

Henry J. Pain, hereinafter called plaintiff, brought this action upon a promissory note against Charles W. Holtcamp, Oliver H. P. Grundon, and Menzer F. Doud, hereinafter called defendants.

The complaint, among other things, alleged that the defendants, claiming and purporting to act as the agents of the Nation's Birthday Association, a corporation, made, executed, and delivered to the plaintiff a promissory note, dated November 3...

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