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Schaffer v. United States

United States Court of Appeals, Sixth Circuit
Apr 19, 1956
232 F.2d 632 (6th Cir. 1956)

Opinion

No. 12641.

April 19, 1956.

Clifford F. Brown, Norwalk, Ohio, J. Vincent Aug, Nell S. Fitz, Cincinnati, Ohio, for appellants.

Sumner Canary, Cleveland, Ohio, Clarence M. Condon, Toledo, Ohio, for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.


This case was heard upon the record, briefs and argument of counsel for the respective parties;

And it appearing that the only material factual issue presented by the pleadings is whether the First Bancredit Corporation, from whom the appellee United States acquired the negotiable promissory note herein sued on, acquired the note from the payee before maturity so as to make it a holder in due course not subject to the defenses alleged in appellants' answer; Schaffer v. United States, 6 Cir., 216 F.2d 330;

And appellee having filed in support of its motion for summary judgment the affidavit of the Secretary of the First Bancredit Corporation stating that it purchased the note from the payee on January 15, 1940, which was prior to the due date of the first installment payment and said affidavit being uncontradicted and not discredited by appellants, and no showing having been made by appellants that there is any evidence now known to them that would in any way contradict said affidavit;

It is ordered that the judgment of the District Court in favor of the appellee for the unpaid balance on the note, be affirmed. Appolonio v. Baxter, 6 Cir., 217 F.2d 267, 271; Gifford v. Travelers Protective Association, 9 Cir., 153 F.2d 209, 211; Zampos v. U.S. Smelting, Refining Mining Co., 10 Cir., 206 F.2d 171, 174.


Summaries of

Schaffer v. United States

United States Court of Appeals, Sixth Circuit
Apr 19, 1956
232 F.2d 632 (6th Cir. 1956)
Case details for

Schaffer v. United States

Case Details

Full title:Clarence V. SCHAFFER and Katherine Schaffer, Appellants, v. UNITED STATES…

Court:United States Court of Appeals, Sixth Circuit

Date published: Apr 19, 1956

Citations

232 F.2d 632 (6th Cir. 1956)

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