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Civil Procedure Keyed to Cound
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Mitchell v. Federal Intermediate Credit Bank
Facts
The Plaintiff took out a loan from the Defendant bank in which proceeds from his potato crop were secured as security for two notes due in the amount of $9,000. The crops netted $18,000 and the Plaintiff never received any of the money. The Defendant had brought suit against the Plaintiff in a previous suit, in which the Plaintiff alleged the same facts as in this case, though he never sought relief. Judgment in that case was for the Plaintiff. The Defendant now, claims that the Plaintiff is estopped from bringing forth this claim.
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