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INDEPENDENCE INDEMNITY CO. v. CENT. FARMERS' TRUST CO.

Nos. 4574, 4575.

51 F.2d 909 (1931)

INDEPENDENCE INDEMNITY CO. v. CENTRAL FARMERS' TRUST CO. (two cases).

Circuit Court of Appeals, Third Circuit.

August 21, 1931.

Attorney(s) appearing for the Case

J. W. McWilliams, C. B. Wagoner, and C. S. Wesley, all of Philadelphia, Pa. (Tustin & Wesley, of Philadelphia, Pa., of counsel), for appellant.

W. W. Montgomery, Jr., and C. Russell Phillips, both of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

These are two cases between the same parties, involving the same question of law with slightly different facts.

Case No. 4574.

This is an appeal from a judgment entered for want of a sufficient affidavit of defense.

The N. E. Second Avenue Company of Miami, Fla., issued its bonds secured by a first mortgage on certain lands which it owned, to the Biscayne Trust Company, as trustee for the bondholders. The defendant Independence...

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