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ALLEN v. CITIZENS' BANK & TRUST COMPANY

No. 3064.

48 F.2d 1068 (1931)

W. P. ALLEN, Appellant, v. CITIZENS' BANK & TRUST COMPANY, OF MIDDLESBORO, KENTUCKY, Appellee.

Circuit Court of Appeals, Fourth Circuit.

May 1, 1931.

Attorney(s) appearing for the Case

S. H. Sutherland, of Clintwood, Va. (S. H. & George C. Sutherland, of Clintwood, Va., on the brief), for appellant.

B. H. Sewell, of Jonesville, Va., and E. M. Fulton, of Wise, Va., for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and COLEMAN, District Judge.

PER CURIAM.

This was a suit on certain promissory notes. Defendant contended that he had been released from liability thereunder by plaintiff's acceptance under a deed of assignment which he had executed for the benefit of creditors. Plaintiff contended that it had not accepted under the deed of assignment, and that, if what was done be construed as an acceptance thereunder, it was not binding, because made under mistake as to the legal effect of certain instruments...

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