NU-ENAMEL PAINT CO. v. NU-ENAMEL CORP.

No. 13442.

192 F.2d 462 (1951)

NU-ENAMEL PAINT CO. v. NU-ENAMEL CORP.

United States Court of Appeals Fifth Circuit.

November 13, 1951.


Attorney(s) appearing for the Case

A. Walton Nall, Atlanta, Ga., for appellant.

E. W. Moise, Atlanta Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges.


JOSEPH C. HUTCHESON, Jr., Chief Judge.

The suit was on a promissory note for $39,000, given by the defendant to plaintiff and not paid when due. Defendant admitted the execution of the note, but denied that it owed plaintiff any sum on account thereof. By counter-claim it sought to cancel: the note sued on; another note of the same date for the sum of $75,000, which had been given in renewal of an earlier note for $134,590.39, dated October 28, 1947 and due March...

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