SWANK v. MORTGAGE INV. CO. OF EL PASO, TEX.

No. 7691.

83 F.2d 868 (1936)

SWANK v. MORTGAGE INV. CO. OF EL PASO, TEX.

Circuit Court of Appeals, Fifth Circuit.

May 21, 1936.


Attorney(s) appearing for the Case

S. J. Isaacks, of El Paso, Tex., for appellant.

A. H. Culwell, of El Paso, Tex., for appellee.

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


FOSTER, Circuit Judge.

Appellant brought this suit to recover on a guarantee given by appellee in selling to her certain bonds of the Tucson Holding & Investment Company. The jury was waived and the case tried by the judge, who made findings of facts. Judgment was entered dismissing the suit as premature, with full reservation of plaintiff's rights to bring another suit in the future.

It appears that on December 26, 1929, appellee, Mortgage Investment...

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