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TAYLOR v. ORTON

No. 11091.

216 F.2d 62 (1954)

A. C. TAYLOR, Executor of the Estate of E. L. Martin, (Also known as Eff Lynch Martin), Deceased, Plaintiff-Appellee, v. H. C. ORTON, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 16, 1954.

Attorney(s) appearing for the Case

Charles A. Thomas, Lucas & Thomas, Chicago, Ill., for defendant-appellant.

Harlan L. Hackbert, Stevenson, Conaghan, Velde and Hackbert, Chicago, Ill., of counsel, for appellee.

Before DUFFY, Chief Judge, and LINDLEY and SCHNACKENBERG, Circuit Judges.

LINDLEY, Circuit Judge.

Plaintiff's suit to recover upon a promissory note resulted in a judgment against defendant in the District Court, entered without trial, upon the pleadings. In his answer, defendant admitted execution of the note but asserted, as a second defense, that on May 18, 1947, he executed and delivered a note for $50,000, due in one year, to E. L. Martin without any consideration therefor, upon the payee's inducing statement that he would at no time...

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