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HERNBERG v. TIPTON

No. 8111.

133 F.2d 67 (1943)

HERNBERG v. TIPTON et al.

Circuit Court of Appeals, Seventh Circuit.

January 27, 1943.

Attorney(s) appearing for the Case

Francis C. Harrison, of Davenport, Iowa, and Stewart A. Pearce and Kern, Pearce & Pearce, all of Carmi, Ill., for appellants.

Charles F. Potter, W. F. Weeks, Russell Surles, and Potter & Bezoni, all of Tyler, Tex., for appellee.

Before EVANS, KERNER, and MINTON, Circuit Judges.

MINTON, Circuit Judge.

The appellee, Hernberg, was sued, together with the appellants, Tipton and Phelan. Appellee Hernberg filed a counterclaim against Tipton and Phelan on four promissory notes totaling $9,500. Copies of the notes were exhibited with the counterclaim. The answer alleged that the notes were procured by fraud; that the consideration for the notes had failed; that they were payable only out of oil if obtained from certain land; and that they were given...

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