Carpenter v. Wemyss

The trial court entered summary final judgment against the plaintifffappellant in his action against the estate of James Wemyss upon an alleged renewal note executed by *593the decedent in 1990. We reverse and remand for trial on appellant’s action to collect principal and interest on that note.

As for the earlier alleged note, now lost, for which the 1990 note was an alleged renewal, we affirm summary final judgment against appellant upon any claim arising out of same. Accordingly, appellant may not collect upon the original note itself.

The dead man’s statute prohibits interested witnesses from…