Montgomery v. Dougherty

— This is an action on a promissory note for the principal sum of six thousand dollars executed by Lester V. Dougherty, Sr., during his lifetime and delivered to appellant. After his death appellant duly filed a claim against his estate, based thereon, which was rejected by the executor.

In his answer the executor (respondent) denied that there *229was any consideration furnished by appellant for the promissory note and, for an affirmative defense, alleged that for many years prior to his death the decedent was a married man, all of whose assets were community property; that the promissory note…