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BIBB MFG. CO. v. POPE

22 F.2d 557 (1925)

BIBB MFG. CO., Inc., v. POPE.

District Court, S. D. New York.

February 16, 1925.

Attorney(s) appearing for the Case

Root, Clark, Buckner & Howland, of New York City (Grenville Clark, Cloyd Laporte, and Joseph Schreiber, all of New York City, of counsel), for plaintiff.

Hendrick & Hendrick, of New York City (John H. Hendrick and John L. Sheehan, both of New York City, of counsel), for defendant.

AUGUSTUS N. HAND, District Judge.

The plaintiff moves for judgment on the pleadings. The defendant is a guarantor under an agreement to make various payments by monthly installments of sums of money in discharge of a judgment recovered by the plaintiff herein against C. H. Pope & Co., Inc. These payments were met up to May 15, 1923, when the first default occurred. Similar monthly defaults occurred up to December 24, 1923, when the defendant filed his voluntary...

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