Cushman v. Estate of Cushman

The trial court was not persuaded by the evidence offered that the note was signed by Irvin E. Cush-man but reached the conclusion that the claim was without foundation in fact. Appellant asserts upon this appeal that the testimony produced in support of the claim is uncontra-dicted and unimpeached. Fred Gunsaulus, a nephew of the holder of the note, testified that he was present when the note was drawn, saw his uncle Irvin E. Cushman make his mark on the paper, receive the money, and deliver the note to the claimant. But there was evidence in opposition to the allowance of the claim to the…