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NATIONAL BANK v. BURKHARDT

100 U.S. 686 (____)

NATIONAL BANK v. BURKHARDT.

Supreme Court of United States.

Attorney(s) appearing for the Case

Mr. Timothy D. Lincoln for the plaintiff in error.

Mr. George A. Sage and Mr. E.W. Kittredge, contra.

MR. JUSTICE SWAYNE delivered the opinion of the court.

On the 23d of February, 1875, Burkhardt, the defendant in error, executed, for the benefit of John Cinnamon, an instrument to the bank whereby he stipulated "to guarantee and make good to said bank any sum or sums which may hereafter be held against the said John Cinnamon, to an amount not exceeding $50,000," and notice "from time to time of the amount and extent of such indebtedness" was waived.

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