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GOLDSTONE v. PAYNE

No. 207.

94 F.2d 855 (1938)

GOLDSTONE v. PAYNE.

Circuit Court of Appeals, Second Circuit.

February 14, 1938.

Attorney(s) appearing for the Case

De Forest, Cullom & Elder, of New York City (Neil P. Cullom and Henry W. Steingarten, both of New York City, of counsel), for appellant.

Schenker & Schenker, of New York City (Benjamin Schenker, of New York City, John J. Francis, of Newark, N. J., and Irving Schiller, of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

This appeal raises a single question, namely, whether the District Court had jurisdiction to enter the judgment appealed from. The plaintiff is a resident of Idaho, the defendant a resident of New York, and the action is upon a promissory note for $5,000, dated July 23, 1929, and payable on demand to the order of the payee, by whom it was assigned to the plaintiff for some $2,000 in December, 1929. When the note was executed and when this action...

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