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IRVING TRUST CO. v. TRUST CO. OF NEW JERSEY

No. 179.

75 F.2d 280 (1935)

IRVING TRUST CO. v. TRUST CO. OF NEW JERSEY.

Circuit Court of Appeals, Second Circuit.

February 4, 1935.

Attorney(s) appearing for the Case

Hovell, McChesney, Clarkson & Klupt, of New York City (Sidney A. Clarkson, of New York City, of counsel), for appellant.

Bernard A. Grossman, of New York City (Bernard A. Grossman and Shirley M. Payne, both of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

W. A. McHorney & Co. borrowed $40,000 of the defendant on May 17, 1929, on its promissory note, indorsed by its president, and payable in three months. When due, the note was renewed for another three months without reduction. On the due date $5,000 was paid and the remainder renewed for three months. A payment of $2,500 was then made, and a new note on three months' time given for the remainder....

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