Commercial & Savings Bank v. Carlon

This matter began by the presentation of a claim against the estate of J. P. Barrett by the plaintiff bank; upon a promissory note executed by the deceased. The claim was rejected by the administrator, but was allowed by the county court. An appeal was taken by the administrator, and the cause was tried de novo in the circuit court. At the close of the trial the jury was withdrawn, and the case was decided by the court in favor of the plaintiff bank. The administrator appeals from the judgment and from an order denying new trial.

It is first contended that the court erred in receiving in…