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RUPP v. COMMERCE GUARDIAN TRUST & SAVINGS BANK

No. 5097.

32 F.2d 234 (1929)

RUPP v. COMMERCE GUARDIAN TRUST & SAVINGS BANK.

Circuit Court of Appeals, Sixth Circuit.

April 5, 1929.

Attorney(s) appearing for the Case

Stuart S. Wall, of Toledo, Ohio (Denman, Miller & Wall, of Toledo, Ohio, on the brief), for appellant.

Donald F. Melhorn, of Toledo, Ohio (Marshall, Melhorn, Marlar & Martin, of Toledo, Ohio, on the brief), for appellee.

Before MOORMAN, MACK, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

On April 26, 1926, the Lake Erie Milling Company was indebted to appellee on promissory notes in the sum of $18,000. None of these notes was due. One of them had been recently renewed upon assurance by the milling company that it would use the insurance which it had received for the destruction of its plant for rebuilding and re-establishing its business. Appellee learned that the company was diverting this fund to other purposes, and on the...

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