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HARRIMAN NAT. BANK & TRUST CO. v. PERRY

No. 22.

86 F.2d 641 (1936)

HARRIMAN NAT. BANK & TRUST CO. OF CITY OF NEW YORK et al. v. PERRY et al.

Circuit Court of Appeals, Second Circuit.

November 30, 1936.

Attorney(s) appearing for the Case

Hill, Lockwood & Redfield, of New York City (Samuel Seabury, Luke Burnell Lockwood, and Philip W. Lowry, all of New York City, of counsel), for defendants-appellants.

Conboy, Hewitt, O'Brien & Boardman, of New York City (Martin Conboy, David Asch, William J. Butler, and Hobart L. Brinsmade, all of New York City, of counsel), for plaintiffs-appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The complaint in the case before us alleged: (1) That defendants' testator Perry made his promissory note dated October 10, 1932, wherein he promised to pay to the order of the plaintiff Harriman National Bank & Trust Company the sum of $170,000 six months after date, with interest, and that no part of the note was paid, though payment was demanded at maturity; (2) that on October 13, 1932, defendants' testator Perry had and received...

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