JOHNSTON v. FIDELITY NAT. BANK & TRUST CO.

No. 6862.

8 F.2d 847 (1925)

JOHNSTON v. FIDELITY NAT. BANK & TRUST CO. OF KANSAS CITY, MO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 1, 1926.


Attorney(s) appearing for the Case

Austin M. Cowan, of Wichita, Kan. (John W. Davis, of Greensburg, Kan., and Chester I. Long, J. D. Houston, Claude I. Depew, James G. Norton, W. E. Stanley, and W. B. Harms, all of Wichita, Kan., on the brief), for plaintiff in error.

Justin D. Bowersock, of Kansas City, Mo. (Bowersock & Fizzell and John F. Rhodes, all of Kansas City, Mo., on the brief), for defendant in error.

Before STONE and VAN VALKENBURGH, Circuit Judges, and PHILLIPS, District Judge.


VAN VALKENBURGH, Circuit Judge.

Defendant in error, plaintiff below, brought suit against plaintiff in error, defendant below, upon a written guaranty executed to plaintiff by defendant and certain other officers and directors of the First National Bank of Laverne, Okl., to recover the amount due upon two promissory notes — one for $3,000, dated February 3, 1922, executed by one Roy Sappington; the other for $3,500, dated February 3, 1922, executed by the Sappington...

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