BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N v. SCULLY

No. 1533.

92 F.2d 97 (1937)

BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N v. SCULLY.

Circuit Court of Appeals, Tenth Circuit.

September 7, 1937.


Attorney(s) appearing for the Case

Clarence A. Brandenburg, of Denver, Colo. (Stanley C. Brandenburg, of Denver, Colo., on the brief), for appellant.

Horace H. Hindry, of Denver, Colo. (Guy K. Brewster and Hayes R. Hindry, both of Denver, Colo., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.


WILLIAMS, Circuit Judge.

The appellant as plaintiff and the appellee as defendant in the court below will be referred to herein in the order in which they appeared in that court.

Plaintiff instituted suit in that court to recover from defendant on a promissory note. The defendant interposed a demurrer which was sustained. The plaintiff having declined to plead further, and judgment having been rendered dismissing the complaint, this appeal is prosecuted to...

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