Orphant v. Orphan

SNYDER, Judge.

Homer Orphan, administrator of the estate of Arist C. Orphant, appeals from summary judgment against him and in favor of Virginia P. Orphant. Three parties were involved in the action below.

Tower Grove Bank was the holder of a promissory note signed by Arist C. Orphant and Virginia P. Orphant. After Arist Orphant’s death, Tower Grove Bank and Trust Company (Tower Grove) sued to collect the note from Virginia Orphant in a separate magistrate court action.

Virginia Orphant then brought this action in circuit court, relying upon the written promise of Arist Orphant to indemnify her.…