Bootes v. Gwinner's Administrator

Opinion of the Court by

Judge Ratliff

Reversing.

Charles W. Weinel, administrator of the estate of Martin Gwinner, deceased, instituted this suit in the Campbell circuit court to recover of Emma K. Bootes the sum of $1,500, omouncod by her promissory note, dated November 27, 1926, bearing interest at the rate of 4 per cent.

Defendant filed her answer, counterclaim and set-off, in which she admitted the execution and delivery of the note, but pleaded as a counterclaim and set-off that in October, 1925, she and Martin Gwinner, the deceased, entered into a contract whereby decedent agreed to give…