Tabata v. Murane

This action is on a creditor’s claim. Defendant appeals from a judgment entered upon a verdict awarding to plaintiff and against defendant as executor of the last will and 'testament of Charles W. Zorn, deceased, the sum of $8,838.43, being a portion of the amount claimed by plaintiff to have been due and owing to him by Zorn at the date of the latter’s death on May 16, 1941.

Among the various grounds urged by defendant as requiring a reversal of the judgment is error in instructing the jury. At least two of the given instructions contain errors which may well have been determinative of…