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HAMER v. PENNELL

Nos. 8148, 8149.

86 F.2d 227 (1936)

HAMER v. PENNELL (two cases).

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 12, 1936.

Attorney(s) appearing for the Case

R. F. Maguire, of Orlando, Fla., for appellant.

J. Thomas Gurney, Le Roy B. Giles, and Herschel O. Moats, all of Orlando, Fla., and C. C. Wyche and Donald Russell, both of Spartanburg, S. C., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

These suits on promissory notes executed to J. W. Hamer by Williams Holding Company by W. M. Hamer, its president, and W. M. Hamer jointly, went off on the pleadings. Each of the appeals raises the same questions. They will be disposed of together. The questions are: (1) Whether it was error to strike, as sham, appellant Hamer's pleas of no consideration; (2) whether the obligation being joint, and sued on that way, plaintiff could dismiss...

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