Symonds v. Sherman

These consolidated causes were transferred to this court after decision by the District Court of Appeal, Mr. Presiding Justice Barnard of the Fourth District being the author of the opinion, because we were in doubt as to the correctness of the conclusion of that court with respect to two notes, in the sums of $5,000 and $400 respectively. A further consideration has convinced us that the District Court of Appeal correctly determined the matter, and we adopt the major portion of the opinion therein rendered, as follows:

“On January 3, 1929, an action was begun by H. C. Symonds, as executor of…