DUFFY, Chief Judge.
Plaintiffs brought this action as the executors of the will of Jack Marks, deceased, alleging defendants were indebted to the Marks Estate in the sum of $44,404.91 and interest. The claim was based upon two checks of $25,000 each, executed by Marks and delivered by him to defendant Markun in August, 1950 and November, 1950, respectively.
The complaint herein was filed on March 11, 1954, and, together with the summons, was served on defendants...
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