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ALLIED MILLS v. HORTON

No. 4927.

65 F.2d 708 (1933)

ALLIED MILLS, Inc., v. HORTON.

Circuit Court of Appeals, Seventh Circuit.

June 24, 1933.

Attorney(s) appearing for the Case

Frank T. Miller, John M. Elliott, Eugene R. Johnson, and John D. Thomason, all of Peoria, Ill., for appellant.

Roy C. Martin, of Benton, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

ALSCHULER, Circuit Judge.

The District Court dismissed appellant's bill for want of equity. The facts as charged, stipulated, and found are:

Allied Mills, on November 24, 1930, drew its sight draft, through the First National Bank of Benton, Ill., on one Crisp for $699.82, attaching thereto a bill of lading for merchandise which Allied Mills had sold Crisp. On the face of the draft was printed:

"Collecting Bank Notice.

"This draft is a cash...

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