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FIRST NAT. BANK OF DANVILLE v. PHALEN

No. 4819.

62 F.2d 21 (1932)

FIRST NAT. BANK OF DANVILLE, ILL., v. PHALEN.

Circuit Court of Appeals, Seventh Circuit.

December 8, 1932.

Attorney(s) appearing for the Case

George F. Rearick and James A. Meeks, both of Danville, Ill., for appellant.

V. W. McIntire and O. M. Jones, both of Danville, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

ALSCHULER, Circuit Judge.

The trustee in bankruptcy of Adam Eaton brought suit at law to recover an alleged preferential payment of $3,300 made to the bank within four months of the bankruptcy. The bank held Adam's note for $7,500, whereon his brother Bert and one Pugh were sureties. On maturity, the bank insisted upon payment. Adam and Bert came to the bank March 5, 1930, and produced a check, payable to Bert, of the Northwestern Mutual Life Insurance Company for...

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