Kirchner v. Clostermann

This is an action against the defendant as executor of the last will and testament of John G. Kuebrich, deceased, to recover upon two promissory notes, one for $1,200 and one for $3,000, alleged to have been executed by testator in his lifetime. In a former action upon the same notes a judgment in favor of plaintiff was set aside and a new trial granted by the trial court upon the ground that the claim had not been properly verified and this ruling was affirmed in Kirchner v. Clostermann, 128 Or. 183 (272 P. 278). A duly verified claim based upon these notes has since been duly presented to…