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FIRST NAT. BANK & TRUST CO. OF MUSKOGEE v. HEILMAN

No. 677.

62 F.2d 157 (1932)

FIRST NAT. BANK & TRUST CO. OF MUSKOGEE v. HEILMAN.

Circuit Court of Appeals, Tenth Circuit.

December 5, 1932.

Attorney(s) appearing for the Case

James D. Gibson and Chas. P. Gotwals, both of Muskogee, Okl. (W. M. Beall, of Clay Center, Kan., and John T. Gibson and Wm. A. Killey, both of Muskogee, Okl., on the brief), for appellant.

Oscar E. Peterson, of Clay Center, Kan. (W. T. Roche, of Clay Center, Kan., on the brief), for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

The First National Bank & Trust Company brought this action against Heilman to recover upon two promissory notes for $2,000 each, dated September 9, 1929, due six months after date, made by Heilman, payable to F. E. Mockel and J. E. Campbell, endorsed and delivered by the payees to E. L. Lindner, and endorsed and delivered by Lindner to the bank.

Heilman set up as a defense that the payees, acting as Lindner's agents, by false...

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