COMMERCIAL MERCHANTS NAT. BANK & T. CO. v. LE TOURNEAU

No. 8159.

137 F.2d 87 (1943)

COMMERCIAL MERCHANTS NAT. BANK & TRUST CO. OF PEORIA v. LE TOURNEAU et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied August 9, 1943.

Writ of Certiorari Denied October 25, 1943.


Attorney(s) appearing for the Case

Walter G. Todd, Alan W. Boyd, and Charles M. Wells, all of Indianapolis, Ind., for appellants.

Frank C. Dailey, Paul Y. Davis, Harvey B. Hartsock, Geo. S. Dailey, James E. Lesh, and Gustav H. Dongus, all of Indianapolis, Ind., for appellee.

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


Writ of Certiorari Denied October 25, 1943. See 64 S.Ct. 93, 88 L.Ed. ___.

EVANS, Circuit Judge.

Defendants' default on their payments and plaintiff's election to declare the full amount due, would unquestionably have necessitated the granting of a judgment for the amount of the note with interest, were it not for plaintiff's acceptance of a deed of the mortgaged property and its action at that time. Its action furnishes the basis of the two contentions which...

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