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INSURANCE CO. OF NORTH AMERICA v. FOURTH NAT. BANK

No. 5436.

28 F.2d 933 (1928)

INSURANCE CO. OF NORTH AMERICA v. FOURTH NAT. BANK OF ATLANTA.

Circuit Court of Appeals, Fifth Circuit.

November 7, 1928.

Attorney(s) appearing for the Case

T. A. Hammond, John M. Slaton, and J. M. B. Bloodworth, all of Atlanta, Ga. (Smith, Hammond & Smith, Slaton & Hopkins, and J. M. B. Bloodworth, all of Atlanta, Ga., on the brief), for appellant and cross-appellee.

Hoke Smith, Morris Brandon, John A. Hynds, and Marion Smith, all of Atlanta, Ga. (Hoke Smith, Brandon & Hynds, and Little, Powell, Smith & Goldstein, all of Atlanta, Ga., on the brief), for appellee and cross-appellant.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

This is an action at law consisting of two counts, the first as for money had and received in the sum of $66,884.33, with interest, and the second for the same amount as damages ex contractu, for an alleged breach of warranty.

While some issues of fact were disputed and submitted to the jury, the following are either covered by stipulation or are not contested, and a recital thereof appears necessary to a proper understanding of the...

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