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CHASE NAT. BANK OF CITY OF NEW YORK v. BURG

No. 77.

32 F.Supp. 230 (1940)

CHASE NAT. BANK OF CITY OF NEW YORK v. BURG et al.

District Court, D. Minnesota, Third Division.

March 30, 1940.

Attorney(s) appearing for the Case

Warren S. Ege (of Kellogg, Morgan, Chase, Carter & Headley), all of St. Paul Minn., for plaintiff.

Fred D. Burg, of St. Paul, Minn., for defendants G. N. and George P. Burg.

L. J. Burg was not served with a summons and complaint, and makes no appearance herein.

SULLIVAN, District Judge.

It appears that the claims sued on are founded upon three promissory notes, each of which is dated March 13, 1933, made and signed by The Burg Company, payable to the plaintiff, and due on June 13, 1933. In each of said notes there appears before the signature of the maker thereof, the following: "It is further agreed that if the undersigned shall become insolvent or make a general assignment for the benefit of creditors, or file a voluntary...

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