Newman v. Roberts

Banke, Judge.

This is a declaratory judgment suit filed by the co-administrators of the estate of W. L. Newman, seeking to determine the validity of the defendant’s written claim against the estate for the amount of a promissory note, plus accumulated interest. In his answer, the defendant admitted there existed a justiciable controversy as to the validity of his claim but alleged the execution of a $5,000 promissory note in his favor by his father, the late W. L. Newman, on March 27, 1947. The defendant further alleged that this demand instrument contained a provision for 8 percent interest,…