Lee Bros. v. Fleishbein

EVANS, Circuit Judge.

Determination of this appeal turns upon e®ect must give to the facts which are herewith- briefly stated:

Beginning in 1926 appellant executed its several notes (which ran for three months) to the bank. They were renewed every three months (twenty-three times in all) by taking UP tIle notes when they became due and exccuring new ones Appellee purchased one of thfe notes a?d t°ok » new °ne when a due note was paid. Appellant did not know that its notes had passed out of the possession of the bank.

0n 25> 1931> &e note sued upon was executed. Like its predecessors it ran “to…