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SCHLOSS BROS. & CO. v. CHARLES STERN CO.

No. 5678.

36 F.2d 628 (1929)

SCHLOSS BROS. & CO. v. CHARLES STERN CO. et al.

Circuit Court of Appeals, Fifth Circuit.

December 17, 1929.

Attorney(s) appearing for the Case

W. G. Cornett, of Athens, Ga., Raymond Stapleton, of Elberton, Ga., and Leonard Haas and E. Marvin Underwood, both of Atlanta, Ga. (Underwood, Haas & Gambrell, of Atlanta, Ga., on the brief), for appellant.

Lamar C. Rucker and Max Michael, both of Athens, Ga. (Green & Michael, of Athens, Ga., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Appellant, Schloss Bros. & Co., a Maryland corporation, brought suit on a past due note, for $23,292.56, made by the Charles Stern Company, a Georgia corporation, and indorsed by Aaron Cohen, appellees. Appellees admitted the issuance of the note for value and Cohen's indorsement, but defended on the ground that the Charles Stern Company had made a composition agreement with its creditors and appellant had been guilty of fraud in concealing...

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