ALSCHULER, Circuit Judge.
The action was on a note given to appellant, dated October 25, 1927, for $48,188.28, due in ninety days, signed by Vancouver Lumber Company, Keith, Kirby, and appellee. The suit was against appellee only, who, with Keith and Kirby, owned the corporate maker.
Two defenses were interposed: (a) That the note was given for an advance to be made by appellant under agreement that the note would be delivered only on condition that appellant...
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