Court of Appeals for the Third Circuit April 19, 1907, No. 9 (McCalmont v. Lanning)

BUFFINGTON, Circuit Judge.

In this case John E. Fanning, receiver of the Monmouth Trust & Safe Deposit Company, brought suit against Robert McCalmont on a negotiable promissory note for $5,-000, dated January 28, 1903, payable to his own order in four months, and by him indorsed. The court below gave binding instructions for plaintiff, which action is here assigned for error.