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HAWTHORNE v. AUSTIN ORGAN CO.

No. 3599.

71 F.2d 945 (1934)

HAWTHORNE et al. v. AUSTIN ORGAN CO.

Circuit Court of Appeals, Fourth Circuit.

June 25, 1934.

Attorney(s) appearing for the Case

Murray M. McGuire, of Richmond, Va., and John S. Battle, of Charlottesville, Va. (Robert E. Taylor, of Charlottesville, Va., on the brief), for appellants.

H. W. Walsh, of Charlottesville, Va. (W. Eskridge Duke and Lyttelton Waddell, both of Charlottesville, Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and WEBB, District Judge.

SOPER, Circuit Judge.

This action in assumpsit was instituted on June 22, 1932, in the District Court by Austin Organ Company, a Maine corporation, as plaintiff, against H. K. Hawthorne, M. L. Rea, and R. Merritte Robinson, citizens of Virginia, to recover the sum of $12,870, with interest. The suit was based on five promissory notes payable to the plaintiff; one of April 10, 1930, for $2,700, payable six months after date, with an attorney's fee of 10 per cent. for...

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