Eaver v. McGinnis

A complaint was filed by Robert D. Eaver, Administrator of the Estate of Amos J. Stark, plaintiff-appellant, against H. E. McGinnis, defendant-appellee, on a promissory note dated January 12,1984, in the amount of $7,500. The administrator had made demand, upon McGinnis, for payment on behalf of the estate before filing suit.

McGinnis answered by stating that the note was not a demand note and that he was not in default of payment. Further he affirmatively defended on the basis that no monies were due on the note. Finally, McGinnis also counterclaimed that the decedent had agreed on September…