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MERCHANTS NTL. BK. & TR. CO. v. WINSTON ET AL.

No. 18,989.

129 Ind. App. 588 (1959)

159 N.E.2d 296

MERCHANTS NATIONAL BANK & TRUST COMPANY, EXECUTOR, ETC. v. WINSTON ET AL.

Court of Appeals of Indiana.

Filed June 17, 1959.

Attorney(s) appearing for the Case

Frederick J. Capp, Jack C. Brown, both of Indianapolis and Ging & Free, of Greenfield, for appellant.

Dann & Backer, Herbert J. Backer, Philip D. Pecar, all of Indianapolis, Davis & Williams and George B. Davis, of Greenfield, for appellees.

MYERS, P.J.

This is an action on a promissory note brought by Frederick T. Holliday as assignee of the note to recover from appellees Ben A. Winston and Martin Weinstein as co-makers and endorsers the unpaid principal balance of $9,610, interest in the amount of $12,557.07, and attorney's fees in the amount of $5,000.00 or a total of $27,167.07.

The complaint alleges in substance that on or about April 20, 1939, Hydraulic Steel Corporation, an Indiana corporation...

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