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VENERI v. DRAPER

Nos. 2638, 2639.

22 F.2d 33 (1927)

VENERI v. DRAPER. MARIOTTI v. SAME.

Circuit Court of Appeals, Fourth Circuit.

October 18, 1927.

Attorney(s) appearing for the Case

John Kee, of Bluefield, W. Va. (A. J. Lubliner, of Bluefield, W. Va., on the brief), for plaintiffs in error.

D. M. Easley, of Bluefield, W. Va. (D. E. French and J. W. Easley, both of Bluefield, W. Va., on the brief), for defendant in error.

Before PARKER, Circuit Judge, and SOPER and ERNEST F. COCHRAN, District Judges.

PARKER, Circuit Judge.

These cases were tried together in the court below and argued together here. They were instituted by the receiver of the First National Bank of Matoaka, W. Va., against Lorenzo Veneri and Ermin Mariotti, to recover for moneys paid out by the bank on the checks of these defendants and not charged to their respective accounts. Bills of particulars were filed, setting forth the checks and showing when and to whom they were paid. In Veneri's case...

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