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RUTHERFORD v. ELLIOTT

No. 4849.

23 F.2d 250 (1928)

RUTHERFORD v. ELLIOTT. In re VARNEY.

Circuit Court of Appeals, Sixth Circuit.

January 3, 1928.

Attorney(s) appearing for the Case

Wells Goodykoontz and Randolph Bias, both of Williamson, W. Va. (Ira J. Partlow, of Williamson, W. Va., on the brief), for appellant.

Stanley Reed, of Ashland, Ky. (Browning & Reed, of Ashland, Ky., and Stratton & Stephenson, of Pikeville, Ky., on the brief), for appellee.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

KNAPPEN, Circuit Judge.

This case is here on appeal from an order of the District Court affirming an order of the referee in bankruptcy made in the matter of the estate of the above-named bankrupts, disallowing the claim of appellant upon a note for $38,000 given to appellant by W. P. T. Varney (hereinafter called Tolby Varney), dated March 26, 1925, and indorsed by the two bankrupts April 6, 1925. The defenses made by the trustee, so far as important here, are (a...

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