National Metropolitan Bank of Washington v. Joseph Gawler's Sons, Inc.

CAYTON, Chief Judge.

Frederick W. Buchholz died in his apartment at the Occidental Hotel at about three o’clock in the morning of November 22, 1944. His mother Christina Buchholz, an invalid, lived in another apartment at the same hotel. Appellant Doherty, who subsequently qualified as coexecutor of decedent’s estate, was called to the hotel immediately after the death. At that time he learned that the Gawler firm of undertakers, appellee here, had been called to remove Mr. Buchholz’s body. Before leaving, Doherty told Mrs. Buchholz that he would return at about eleven o’clock and make…