Casserly v. Bench

HOGAN, Judge.

This is an action on a promissory note in the sum of $5,000 brought by the administrator of the payee’s estate. Trial to a jury has resulted in a verdict for the defendants, and the plaintiff has appealed. One or another aspect of this litigation has been in the courts for some time, see Robinson v. Bench, Mo., 409 S.W.2d 145, and Bench v. Egan’s Estate, Mo., 363 S.W.2d 547, and a good deal of the factual background of this case has been reported before. Nevertheless, it is necessary to state the facts rather fully in connection with this appeal.

Mr. Egan, the decedent, operated a…