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

No. 9079.

106 F.2d 794 (1939)

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

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied November 22, 1939.


Attorney(s) appearing for the Case

Sterling M. Wood, Robert E. Cooke, and Fredric Moulton, all of Billings, Mont., for appellant.

Wm. V. Beers, of Billings, Mont., E. G. Toomey, of Helena, Mont., Edmund Nelson and G. L. Berrey, both of Los Angeles, Cal., and James S. De Martini, of San Francisco, Cal. (Louis Ferrari, of San Francisco, Cal., of counsel), for appellee.

Before WILBUR, HANEY, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

The appeal is from a judgment in favor of the plaintiff (appellee) in a suit on a promissory note. The trial court, sitting without a jury, made findings as follows:

On May 21, 1934, appellant made, and on or about June 16 of that year delivered to appellee his promissory note in the sum of $80,762.50, payable in annual installments over a period of three years, with interest at 5% per annum, payable quarterly, with the proviso that should...

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