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BAKER ICE MACH. CO. v. HEBERT

No. 10092.

76 F.2d 73 (1935)

BAKER ICE MACH. CO., Inc., v. HEBERT.

Circuit Court of Appeals, Eighth Circuit.

February 14, 1935.

Attorney(s) appearing for the Case

F. H. Gaines, Charles F. McLaughlin, and Francis S. Gaines, all of Omaha, Neb., for appellant.

Norris Brown, David A. Fitch, and Ralph M. West, all of Omaha, Neb., for appellee.

Before GARDNER, SANBORN, and VAN VALKENBURGH, Circuit Judges.

GARDNER, Circuit Judge.

The appellee, as plaintiff below, brought this action to recover on certain promissory notes amounting in the aggregate to approximately $7,000. The execution of the notes and their nonpayment was admitted by defendant, but it asked a set-off by virtue of an alleged guarantee of payment of certain accounts purchased by it with other property of plaintiff's testate, and for which certain promissory notes...

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