SIBLEY, Circuit Judge.
The petition filed November 25, 1940, by appellee Margarete Stamm as executrix of her husband, Dr. Stamm, claimed federal jurisdiction because of diversity of citizenship, and alleged simply in the first count that defendant Barthel "borrowed from plaintiff's testator on Nov. 30, 1934, ten thousand dollars which is evidenced by a certain check dated Nov. 30, 1934, payable to the defendant, endorsed and cashed by him", which debt remains unpaid...
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