Lampe v. Franklin American Trust Co.

This is a proceeding to establish a $9900 note as a demand against the estate of M.W. Birkenback, deceased. The defense thereto was a denial of the execution and delivery of the note sued on; a denial of any indebtedness to plaintiff; and a denial that Birkenback received the amount of the note or any other consideration therefor from plaintiff. Defendants' claim was that material alterations had been made in a note signed by both plaintiff and deceased for some other purpose. The Probate Court of Greene County after hearing allowed the full amount of plaintiff's claim. On appeal to the…