Baldwin v. Morton

Mrs. Kate P. Morton, widow and sole devisee of P. M. Morton, deceased, brought this suit against J. L. Baldwin, seeking to recover judgment upon three certain paving certificates. Subsequent to the filing of the suit, plaintiff died, and under proper orders the administrators of her estate have been substituted as parties. The only defense pleaded in answer to plaintiff’s suit was that of payment. The payment was alleged to have been made in March, 1923, by means of a novátion of the original obligations, in which transaction the defendant gave two notes, bearing date some time in said month…