Franklin v. Franklin

The appellee sued and recovered judgment against the appellant upon a promissory note, of which the following is copy:

“$100. On or before the'25th day of December next, we or either of us promise to pay to the order of Thomas M. Eranklin, Jr., one hundred dollars, for value received of him, bearing interest at ten per cent, from date. This August 28th, 1865.

(Signed,). “ Hiram Bray,

“ John Eranklin.”

The death of Hiram Bray was averred in the complaint.

The appellant filed an answer in two paragraphs, namely;

1. A general denial;

2. Admitting the execution of the note, but averring that the…