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ATKINSON v. BANK OF MANHATTAN TRUST CO.

No. 5081.

69 F.2d 735 (1934)

ATKINSON v. BANK OF MANHATTAN TRUST CO.

Circuit Court of Appeals, Seventh Circuit.

March 22, 1934.

Attorney(s) appearing for the Case

Alfred D. Sutherland, of Fond du Lac, Wis., for appellant.

Bruno V. Bitker, Joseph E. Tierney, and Irving A. Puchner, all of Milwaukee, Wis., for appellee.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.

SPARKS, Circuit Judge.

By this action which was instituted October 11, 1932, appellee sought to recover a balance of $8,678.11, upon a promissory note executed by appellant for the sum of $50,000, for the payment of which there had been pledged as collateral 2,723 shares of the common stock of J. C. Penney Company. 1,000 of those shares were owned by one Nicol who had agreed in writing with appellee that they might be pledged as security for the payment of the note...

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