Dick v. Flanagan

The special finding of the court shows that James McCloskey, late of Cass county, died in the year 1870, leaving a widow and children. He was indebted to the appellant, Dick, in an amount exceeding five hundred dollars, for which sum the latter held two notes, which remained unpaid at the time McCloskey died. Subsequently Rebecca McCloskey, widow of the decedent, no administrator having been appointed, paid $175 on the indebtedness, and at the request of the appellant, and to prevent the latter from enforcing payment from the estate, executed her note, in which she agreed to pay the amount…