Cole v. Wolfskill

This appeal is from a judgment entered on an instructed verdict. The complaint alleged that the decedent in her lifetime executed to plaintiff her promissory note for the sum of twelve thousand five hundred dollars, and that a claim based on such note was presented to the defendants, as executors, and rejected. In the answer defendants pleaded the relationship of physician and patient between the decedent and plaintiff, and that the execution of the note was procured by undue influence and without adequate consideration.

From the testimony of witnesses at the trial, it appears that decedent…