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BURNS MORTG. CO. v. FRIED

No. 5086.

67 F.2d 352 (1933)

BURNS MORTG. CO., Inc., v. FRIED.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 15, 1933.

Attorney(s) appearing for the Case

Saul Finestone and Sigmund H. Steinberg (of Blanc & Steinberg), both of Philadelphia, Pa., for appellant.

John C. Noonan, of Philadelphia, Pa., William H. Schneller, of Allentown, Pa., and Hugh P. McFadden, of Bethlehem, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal from a judgment of the District Court for the Eastern District of Pennsylvania. The Burns Mortgage Company, Inc., as holder, brought an action in assumpsit upon six promissory notes against Erwin M. Fried, the maker. The notes were executed and delivered in Florida. Each contained the following provisions: "With interest thereon (the principal sum) at the rate of 7 per cent per annum from date until fully paid. Interest payable...

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