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CLARK v. GIBBS

No. 7061.

69 F.2d 364 (1934)

CLARK v. GIBBS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 5, 1934.

Attorney(s) appearing for the Case

Stuart B. Warren, of St. Petersburg, Fla., for appellant.

Wm. G. King, of St. Petersburg, Fla., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Mrs. Ella E. Clark sued the executor of her deceased husband upon a note given to her by her husband the day before their marriage as part of an antenuptial settlement. Pleas of payment and accord and satisfaction were tried before a jury and a verdict directed for the defendant, plaintiff appealing.

We find it necessary to consider only whether the note was fully paid. It reads as follows: "40,000.00. Atlanta, Ga., Nov. 16, 1916. On...

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