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HENDRY v. UNITED STATES

No. 17556.

305 F.2d 515 (1962)

Pearle M. HENDRY, Executrix of the Estate of J. W. Shearer, deceased, substituted defendant for J. W. Shearer, deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 27, 1962.

Attorney(s) appearing for the Case

Nixon & Nixon, and W. W. Nixon, Bonners Ferry, Idaho, for appellant.

Sylvan A. Jeppesen, U. S. Atty., and Jim Christensen, Asst. U. S. Atty., Boise, Idaho, for appellee.

Before BARNES, HAMLEY and BROWNING, Circuit Judges.

HAMLEY, Circuit Judge.

In this suit by the United States against J. W. Shearer on two promissory notes, plaintiff recovered judgment in the amount of $8,379.89. Pearle M. Hendry, executrix of the estate of Shearer, appeals from the judgment insofar as it awards recovery (in the sum of $5,720.- 70) on the second of these notes. Appellant contends that this second note never became a binding obligation upon Shearer and that...

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