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SHIRCLIFF v. DIXIE DRIVE-IN THEATRE, INC.

Gen. No. 10,015.

7 Ill. App.2d 370 (1955)

129 N.E.2d 346

T.M. Shircliff, Plaintiff-Appellee, v. Dixie Drive-In Theatre, Inc., Defendant-Appellant.

Appellate Court of Illinois — Third District.

Released for publication November 4, 1955.

Attorney(s) appearing for the Case

Graham, Wise & Meyer, of Danville, for appellant.

Acton, Baldwin, Bookwalter & Meyer, of Danville, for appellee; Matthew E. Welsh, of Vincennes, Indiana, of counsel.

MR. PRESIDING JUSTICE HIBBS delivered the opinion of the court.

On February 10, 1950 at Vincennes, Indiana, Roy O'Keefe, president of Dixie Drive-In Theatre, Inc., executed a promissory note payable to T.M. Shircliff in the sum of $2,000 to obtain funds which O'Keefe represented were to be used to pay certain taxes owed by Dixie Drive-In Theatre, Inc. The note was signed, "Roy O'Keefe, President Dixie Drive-In Theatre Inc." Shircliff turned over to O'Keefe a check...

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