Burk v. Peter

WADE, Justice.

Arlene Burk, as the duly appointed and acting admin-istratrix of the estate of Richard E. Roser, deceased, com menced this action to recover on a promissory note found among the possessions of the deceased and signed by defendant and appellant herein as payor. In his answer, defendant admitted the execution and delivery of the note by him to the deceased, but alleged as an affirmative defense that it was not executed for value or for any consideration.

At the trial of the case the plaintiff, as administratrix, testified that the note was found amoung the decedent’s possessions…