STATE STREET TRUST CO. v. MUSKOGEE ELECTRIC TR. CO.

No. 4547.

204 F.2d 920 (1953)

STATE STREET TRUST CO. v. MUSKOGEE ELECTRIC TRACTION CO. et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 15, 1953.


Attorney(s) appearing for the Case

C. A. Ambrister, Muskogee, Okl., and George B. Rowell, Boston, Mass., for appellant.

W. R. Banker, Muskogee, Okl. (A. Camp Bonds and Andrew Wilcoxen, Muskogee, Okl., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.


MURRAH, Circuit Judge.

The sole question presented by this appeal is whether the intentional destruction of negotiable instruments by the holder, believing them to be valueless, works a cancellation and discharge of the debt evidenced thereby. The facts are not in dispute.

In October 1939, Florence K. Twombly was the owner of sixteen bonds of a series issued May 1, 1912, by the Muskogee Electric Traction Company. At that time the bonds had long since been...

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