FOURTH NAT. BANK v. GAINESVILLE NAT. BANK

No. 7861.

80 F.2d 490 (1935)

FOURTH NAT. BANK IN WICHITA, KAN., v. GAINESVILLE NAT. BANK IN GAINESVILLE et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 7, 1936.


Attorney(s) appearing for the Case

Paul T. McMahon and Joseph J. Eckford, both of Dallas, Tex., for appellant.

Murphy & Murphy, of Gainesville, Robt. E. Cofer and John D. Cofer, both of Austin, Tex., and J. P. Dreibelbis, of Dallas, Tex., for appellees.

Before SIBLEY and HUTCHESON, Circuit Judges, and STRUM, District Judge.


SIBLEY, Circuit Judge.

In a suit by appellant against the appellees on their respective guaranties of prior indorsements on a certain check drawn on appellant by one of its customers, each side moved for an instructed verdict, and the judge — no one objecting — discharged the jury and later rendered judgment for the defendants. On appeal therefrom, error is assigned to the entering of judgment for appellees instead of for appellant, and to the admission...

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