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KEYES v. FIRST NAT. BANK

No. 7957.

25 F.2d 684 (1928)

KEYES v. FIRST NAT. BANK OF ABERDEEN, S. D.

Circuit Court of Appeals, Eighth Circuit.

March 29, 1928.

Attorney(s) appearing for the Case

Frank McNulty, of Long Beach, Cal. (R. F. Williamson, St. Clair Smith, and Alan Williamson, all of Aberdeen, S. D., on the brief), for plaintiff in error.

John Junell, of Minneapolis, Minn (L. W. Crofoot and E. C. Ryan, both of Aberdeen, S. D., and J. H. Colman and Lancaster, Simpson, Junell & Dorsey, all of Minneapolis, Minn., on the brief), for defendant in error.

Before WALTER H. SANBORN and LEWIS, Circuit Judges, and PHILLIPS, District Judge.

LEWIS, Circuit Judge.

This is an action on the common counts for money had and received. Plaintiff here, who was plaintiff below, sues as receiver of the First National Bank of Eureka, South Dakota, claiming that defendant, First National Bank of Aberdeen, South Dakota, received moneys from the First National Bank of Eureka and from its predecessor, German Bank of Eureka, in payment of obligations for which neither of those banks was liable, and that it is bound on...

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