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HEAD v. WOLLMANN

No. 17581.

272 F.2d 298 (1959)

Homer S. HEAD, Appellant, v. A. A. WOLLMANN, Jr., Appellee. A. A. WOLLMANN, Jr., Appellant, v. Homer S. HEAD, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 21, 1960.

Attorney(s) appearing for the Case

James P. Bailey, Bryan, Suhr & Bering, Houston, Tex., for appellant.

C. O. Ryan, Thomas M. Ryan, Houston, Tex., Kelley & Ryan, Houston, Tex., of counsel, for appellee.

Before RIVES, Chief Judge, and CAMERON and JONES, Circuit Judges.

RIVES, Chief Judge.

This action was brought by the appellee, Wollmann, against the appellant, Head, and also against one Adler Edmiston upon a promissory note in the principal amount of $50,000 signed "Adler Edmiston, Trustee." The complaint alleged that in executing and delivering the note, Edmiston acted on his own behalf and as agent for Head and also for one Gordon B. Butterfield, who was not sued. The case was tried...

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