Emerson National Bank v. Derby

The evidence of the facts and circumstances leading up to and attendant upon the defendants’ making and delivery to plaintiff of their demand promissory note in suit establishes the fact that it was so made and delivered by defendants as the representatives of the estate of their father and testator and in renewal of the latter’s note in like amount then owned by the plaintiff and which came due after said testator’s death. This evidence was competent (Schmittler v. Simon, 114 N. Y. 176) and convinces me that the origin of the note in suit and the character of that obligation is in all…