LOWISH v. FIRST NAT. BANK

No. 5113.

31 F.2d 408 (1929)

LOWISH v. FIRST NAT. BANK OF MARIETTA, OHIO.

Circuit Court of Appeals, Sixth Circuit.

March 15, 1929.


Attorney(s) appearing for the Case

Thomas H. Fittz, of Indianapolis, Ind. (Williams, Sinks & Williams and B. W. Gearheart, all of Columbus, Ohio, on the brief), for appellant.

Thomas J. Summers, of Marietta, Ohio, for appellee.

Before HICKS, HICKENLOOPER, and KNAPPEN, Circuit Judges.


HICKS, Circuit Judge.

Plaintiff claims to have bought from defendant, the payee, a certain note for $10,000, dated July 23, 1923, due in 60 days executed by the Joan Collieries Company and indorsed by Benjamin E. Jones and E. H. Wigginton. Plaintiff seeks to compel defendant, by virtue of section 9089w1 of Burns' Annotated Statutes of Indiana 1914 (section 49 of the Negotiable Instruments Act), to indorse the note, and further seeks a decree for the amount of it....

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