Gaskill v. Nesselroth

Mr. Justice Denis E. Sullivan

delivered the opinion of the court.

This is an appeal from a judgment entered in the municipal court for the sum of $5,042.15, in favor of the plaintiff and against the defendants. The suit in this case was brought by a guardian for the benefit of her minor, John Elmer Duff. To the affidavit of claim filed by the plaintiff there was filed an affidavit of defense by the defendants, setting forth among other things that the plaintiff had no power or right to declare the principal note due; that plaintiff had no right to commence the suit; that defendants had an…