Circuit Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
December 15, 1947.
December 15, 1947.
Attorney(s) appearing for the Case
Theron L. Caudle, Asst. Atty. Gen., Sewall Key, A F. Prescott, Courtnay C. Hamilton, and Fred E. Youngman, Sp. Assts. to Atty. Gen., and James M. Carter, U. S. Atty., E. H. Mitchell, Asst. U. S. Atty., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, all of Los Angeles, Cal., for appellant.
MacFarlane, Schaefer & Haun and Dempsey, Thayer, Deibert & Kumler, all of Los Angeles, Cal., for appellee.
Before MATHEWS, STEPHENS, and ORR, Circuit Judges.
Circuit Court of Appeals, Ninth Circuit.
ORR, Circuit Judge.
Appellee Winnett borrowed money from one Summers1 and executed a note therefor in the sum of $60,000. Later, Summers borrowed money from a bank, executed notes and Winnett endorsed them with the understanding, both oral and written, that in the event Summers defaulted in any or all of the payments to become due on her notes, and Winnett was called upon to make payment, the amount so paid by him could be set off against...
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