JOHNSON, District Judge.
This is an action in assumpsit originally instituted by E. H. Ashcraft, receiver of the Seminole County Bank of the state of Florida to recover from the defendant $42,325, with interest and attorney's fees claimed to be due on three promissory notes made by D. M. Bream, defendant, to H. S. Long, trustee. After suit was started, W. H. Tunnicliffe, liquidator, was substituted in place of E. H. Ashcraft, receiver.
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