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RABON v. PUTNAM

No. 3436.

164 F.2d 80 (1947)

RABON et al. v. PUTNAM et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied November 15, 1947.

Attorney(s) appearing for the Case

G. C. Spillers and G. C. Spillers, Jr., both of Tulsa, Okl., for appellants.

Allen McReynolds, of Carthage, Mo., and Edmund Lashley, of Tulsa, Okl. (Hal F. Rambo, of Tulsa, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

Appellees sued one Curd, as maker, and appellants, Rabon and Simon, as guarantors, of a promissory note in the amount of $37,000, payable to one Rambo and endorsed by him without recourse to appellees. Appellants pleaded the unlawful filling up of the blanks in the note, total failure of consideration, partial failure of consideration, fraudulent procurement, and alteration of the original obligation. The trial court gave judgment for appellees...

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