Smith v. Early

On May 17, 1938, -Paul K.. Early Sr. filed Ms petition against W. Stanford Smith, Mrs. Eva G. Lane, and Mrs. Carter Gantt Benford, as executors of the will of J. T. Gantt, deceased, to recover $1750. The question for determination is whether the judge erred in overruling the defendants’ demurrer. The petition as amended alleged that on January 31, 1921, J. T. Gantt borrowed from petitioner $1750, and agreed to pay interest thereon at the rate of six per cent, per annum; that Gantt “paid the interest on the said loan through January 31, 1925;” that “on September 17, 1937, your petitioner…