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FLYNN v. SMITH

No. 6029.

90 F.2d 305 (1937)

FLYNN v. SMITH

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 26, 1937.

Attorney(s) appearing for the Case

George M. Barnard and Raymond L. Walker, both of Indianapolis, Ind., and A. W. Matt, of Peru, Ind., for appellant.

Walter R. Arnold, of South Bend, Ind., and O. F. Rhodes, of Peru, Ind., for appellee.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.

SPARKS, Circuit Judge.

Appellee filed her bill in equity for relief from a breach of a fiduciary relationship by the First National Bank of Peru, Indiana. She alleged that the bank, as executor of her deceased husband's will had induced and permitted her to believe that she was personally liable for her husband's debts, by reason of which she paid and assumed them in the following particulars: She paid $12,805.20 out of her personal deposit account in that bank; as...

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