AKRE v. LIBERTY STATE BANK

No. 7686.

24 F.2d 816 (1928)

AKRE et al. v. LIBERTY STATE BANK OF MINNEAPOLIS.

Circuit Court of Appeals, Eighth Circuit.

February 23, 1928.


Attorney(s) appearing for the Case

P. W. Dougherty, of Webster, S. D. (Waddel & Dougherty, of Webster, S. D., on the brief), for plaintiffs in error.

Edward J. Callahan, of Minneapolis, Minn., Frank McNulty, of Long Beach, Cal., R. F. Williamson, St. Clair Smith, and Alan Williamson, all of Aberdeen, S. D., and George R. Smith, of Minneapolis, Minn., for defendant in error.

Before KENYON and BOOTH, Circuit Judges, and MUNGER, District Judge.


BOOTH, Circuit Judge.

This was an action brought by defendant in error upon two instruments of guaranty, the first of which was executed by both of the plaintiffs in error and others; the second was executed by Akre and others, but not by Carlson. The first guaranty was as follows:

"Farmers' State Bank, Veblen, S. D.

"Veblen, South Dakota, Jany. 31, 1919.

"To Liberty State Bank, Minneapolis, Minn. — Gentlemen: For value received, we...

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