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YOUNG v. ALEXANDER

No. 8043.

29 F.2d 555 (1928)

YOUNG v. ALEXANDER.

Circuit Court of Appeals, Eighth Circuit.

November 9, 1928.

Attorney(s) appearing for the Case

F. Dumont Smith, of Hutchinson, Kan. (Eustace Smith and Arthur T. Symns, both of Hutchinson, Kan., on the brief), for plaintiff in error.

Earl Blake, of Wichita, Kan. (A. V. Roberts, Harold L. Blake, Ralph B. Blake, and J. E. Alexander, all of Wichita, Kan., on the brief), for defendant in error.

Before LEWIS, Circuit Judge, and PHILLIPS and JOHN B. SANBORN, District Judges.

LEWIS, Circuit Judge.

Error is assigned that the court sustained a demurrer to an amended complaint and dismissed the action, brought to recover on ten promissory notes. Plaintiff, as assignee of the payee of the notes, sued the maker. The amended complaint, as did the original, alleged that plaintiff had paid J. E. Stillwell, the payee, the full amount of each note and had taken from Stillwell an assignment of his interest in them, and ever since has been the owner...

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