Lerner v. Bischoff

The only issue presented — whether the indebtedness sued on exists' — has never been passed upon. My associates concede this, for in the majority opinion it is stated that the first suit was. dismissed “because it was evident that plaintiff was not in a position to produce written proof of the indebtedness”. The only question which was involved in the earlier suit was whether parol evidence of the debt should be admitted in view of the fact that the suit had been brought more than twelve months after the death of the alleged debtor. Our opinion in that first case shows clearly that only that…