Carroll W. Britton, W. R. Britton and Fred Ballou v. Ronald E. Mitchell

HILL, Circuit Judge.

This is the second phase of a diversity suit commenced by appellee Mitchell and other Michigan citizens against the appellants and others who are citizens of Oklahoma. The complaint alleged two separate causes of action, the first of which we disposed of on interlocutory appeal. 1

The second cause of action in the original complaint was asserted only by appellee Mitchell. It sought recovery on a $20,000 promissory note allegedly executed by Fred Ballou for himself and as agent for his wife, Rachel Jane Ballou, 2 W. R. Britton and his wife, Carroll W. Britton. The claim…