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FIFTH AVENUE BANK OF N. Y. v. HAMMOND REALTY CO.

No. 8023.

130 F.2d 993 (1942)

FIFTH AVENUE BANK OF NEW YORK v. HAMMOND REALTY CO. et al.

Circuit Court of Appeals, Seventh Circuit.

October 30, 1942.

Attorney(s) appearing for the Case

Joseph H. Schwartz, Edward A. Cooper, and Norman H. Nachman, all of Chicago, Ill. (Schwartz & Cooper and Harry Adelman, all of Chicago, Ill., of counsel), for appellant.

Jay E. Darlington and Frederick C. Crumpacker, both of Hammond, Ind., and Walter Myers, of Indianapolis, Ind., for appellees.

Before KERNER and MINTON, Circuit Judges, and LINDLEY, District Judge.

MINTON, Circuit Judge.

The plaintiff, a New York corporation, as executor of the last will and testament of Isabel D. McHie, brought suit in the Northern District of Indiana against the Hammond Realty Company on certain past-due bonds, and against the defendant Sidmon McHie as a guarantor of the payment of said bonds under a written guaranty of April 11, 1933. The District Court found for the plaintiff and against the defendant Hammond Realty Company in the sum of...

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