Cooper v. Succession of Cooper

HAMITER, Justice.

Dr. Donald L. Cooper instituted this suit to obtain a money judgment totaling $116,-000 against the succession of his deceased brother, James L. Cooper. For a cause of action he alleged in the original petition that the decedent borrowed from him at various times sums of money which totaled $108,000 and, in consideration therefor, gave a promissory note in such amount— dated August 29, 1955 and payable on demand — which is due and unpaid. Plaintiff further alleged that decedent also gave to him a check dated February 15, 1954 for $8,000, it evidencing another loan and having…