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BERTOLET v. BURKE

Civ. A. No. 288-1968.

295 F.Supp. 1176 (1969)

W. M. BERTOLET, Plaintiff, v. Frank G. BURKE, and Island Yachts, Inc., Defendants.

District Court, Virgin Islands, D. St. Thomas and St. John.

January 27, 1969.

Attorney(s) appearing for the Case

Bailey, Wood & Rosenberg, Charlotte Amalie, V. I. (Frederick D. Rosenberg, Charlotte Amalie, V. I., of counsel), for plaintiff.

Grunert & Stout, Charlotte Amalie, V. I. (John E. Stout, Charlotte Amalie, V. I., of counsel), for defendants.

MEMORANDUM SUR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

STALEY, Circuit Judge (sitting by designation).

The issue presented by this motion for summary judgment is whether a cause of action can be sustained on a promissory note before maturity if it appears that the maker has declared his intention not to pay.

Plaintiff, W. M. Bertolet, brought this action against Frank G. Burke, and Island Yachts, Inc., defendants, alleging that Burke informed him...

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