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COFFEY v. DAY & NIGHT NAT. BANK

21 F.2d 661 (1926)

COFFEY v. DAY & NIGHT NAT. BANK OF PIKEVILLE.

District Court, E. D. Kentucky.

December 7, 1926.

Attorney(s) appearing for the Case

Goodykoontz & Slaven, of Williamson, W. Va., and Harry Scherr, of Huntington, W. Va., for plaintiff.

Browning & Reed, of Ashland, Ky., Martin & Smith, of Catlettsburg, Ky., and Johnson, Auxier & Hinton, of Pikesville, Ky., for defendant.

ANDREW M. J. COCHRAN, District Judge.

This action is before me on plaintiff's demurrer to the answer, set-off and counterclaim of the defendant. It is brought on a certificate of deposit issued by the defendant to W. P. T. Varney, and transferred by him to plaintiff for a valuable consideration before maturity. The certificate is in words and figures as follows, to wit:

The answer sets up, by way of set-off...

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