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JEWETT v. MARTINSVILLE MILLING CO.

No. 5320.

76 F.2d 153 (1935)

JEWETT v. MARTINSVILLE MILLING CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 17, 1935.

Attorney(s) appearing for the Case

George M. Barnard and Raymond L. Walker, both of Indianapolis, Ind., and Ralph K. Lowder, of Martinsville, Ind., for appellant.

Homer Elliott, of Indianapolis, Ind., and J. C. McNutt, of Martinsville, Ind., for appellee.

Before ALSCHULER, SPARKS, and FITZHENRY, Circuit Judges.

ALSCHULER, Circuit Judge.

The suit was brought by appellee, the milling company, to effect set-off of alleged mutual debts between the parties, the debts being (a) a deposit by appellee in the bank now in receivership, and (b) a promissory note for an amount less than this deposit, executed by appellee's president alone, but alleged in the complaint to represent a debt of the milling company to the bank.

The generally applicable law governing the right of...

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