IN RE HACKETT, HOFF & THIERMANN

No. 5048.

70 F.2d 815 (1934)

In re HACKETT, HOFF & THIERMANN, Inc. MARINE NAT. EXCHANGE BANK OF MILWAUKEE et al. v. KALT-ZIMMERS MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

April 18, 1934.


Attorney(s) appearing for the Case

George Affeldt, Douglass Van Dyke, and Leon E. Kaumheimer, all of Milwaukee, Wis., for appellants.

I. A. Fish, J. H. Marshutz, and G. R. Hoffman, all of Milwaukee, Wis., for appellee Kalt-Zimmers Mfg. Co.

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


SPARKS, Circuit Judge (after stating the facts as above).

Two questions are involved in this appeal: Were the bonds negotiable instruments, and were the banks holders in due course? A negative answer to either question would prevent the banks' recovery and sustain the decision of the District Court.

In August, 1929, Kalt-Zimmers, a manufacturing concern located in Milwaukee, executed and delivered to the Hackett firm, a Wisconsin corporation, as trustee, a...

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