UNITED STATES v. WIMBLEY

No. 613.

125 F.Supp. 691 (1954)

UNITED STATES of America, Plaintiff, v. James WIMBLEY and Myrtle Wimbley, Defendants.

United States District Court, W. D. Arkansas, El Dorado Division.

November 10, 1954.


Attorney(s) appearing for the Case

Charles W. Atkinson, U. S. Atty., Henry M. Britt, Asst. U. S. Atty., Fort Smith, Ark., for plaintiff.

Clifton Bond, Monticello, Ark., for defendants.


JOHN E. MILLER, District Judge.

On January 20, 1954, plaintiff filed its complaint against defendants seeking to recover the balance due on a promissory note allegedly executed by defendants and then in the hands of plaintiff, who had purchased the note from a holder in due course.

Defendants on March 4, 1954, filed their answer, admitting the execution of the note but alleging fraud on the part of the payee, S. L. Kay, d/b/a Arkansas Home Building & Repairing...

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