Darling v. Commercial & Savings Bank

The trial court denied claimant’s motion to amend the claim by substituting for the note dated June 30, 1934, which was lost, note for $400 dated January 29, 1934. The court denied the motion on the ground that the time for filing claims having expired claimant was not entitled to file the $400 note. The trial court made this ruling upon the authority of Estate of Von Nobel (1941), 239 Wis. 233, 1 N. W. (2d) 76. The trial court was correctly of the opinion that the proposed amendment, if allowed, would materially alter the claim as filed. The dates of the notes are different. The amounts are…