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DEITRICK v. FENDERSON

Nos. 7143, 7144.

27 F.Supp. 469 (1939)

DEITRICK v. FENDERSON et al. (two cases).

District Court, D. Massachusetts.

May 1, 1939.

Attorney(s) appearing for the Case

Aldridge & Fisk, A. J. Aldridge, and Brenton K. Fisk, all of Boston, Mass., for plaintiff.

John M. Russell, of Boston, Mass., for defendant Albert E. Lynch.

George A. McLaughlin, of Boston, Mass., for defendant Robert J. Fawcett.

Marvin C. Taylor, of Boston, Mass., for defendant Lloyd B. Fenderson.

Charles A. McCarron, of Boston, Mass., for defendant Arthur G. MacKenzie.

McLELLAN, District Judge.

These suits were brought October 26, 1937, on two promissory notes, dated August 7, 1931, each for $35,000 payable on demand to the order of Federal National Bank of Boston, hereinafter called Federal. In both actions the defendants set up the statute of limitations as a bar to these suits. As to this defense, the plaintiff contends that the cases are taken out of the statute of limitations by certain payments described below. The defendants...

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