Friend, Conservator v. Kuhn

Opinion by

Mr. Justice Simpson,

Herein plaintiff appeals from a refusal of the court below to enter judgment in its favor for want of a sufficient affidavit of defense. Notwithstanding the thoughtful argument of the junior counsel who presented the case for appellant, we are convinced that this is not the time to raise the point suggested by him.

When Frank J. Kukn died he owed plaintiff bank the amount of a note given by him to it, and which was not yet due. When it fell due, an officer of the bank sent for defendant, who is the executrix of Mr. Kuhn’s will, and asked her to give to it a…