Wimmer v. Kendall

Stewart, P. J.,

This is a demurrer by the defendants to the plaintiff’s statement of claim. The first and third causes of demurrer are to *669the effect that the paper Exhibit A on its face shows no joint liability, that it is simply an admission of liability by Theodore H. Kendall. The paper itself is as follows:

“August 8th, 1918.

“I, Theodore H. Kendall, hereby acknowledge the loan of the sum of SIX HUNDRED DOLLARS, at 3%, from Mr. Gustav Wimmer, the father of my wife, Mrs. Lizzie A. Wimmer Kendall, to be accounted for in cash after his death just as soon as the executors are ready to settle up…