Fitzpatrick's Administrator v. Citizens' Bank & Trust Co.

Opinion of the Court by

Commissioner Hobson—

Affirming.

Cordelia Fitzpatrick died in June, 1924. Her son Thad Fitzpatrick qualified as lier administrator. In February, 1925, tbe Citizens’ Bank & Trust Company brought this action to recover on certain notes executed by her and others as her surety to the trust company. The administrator pleaded, in substance, that each note was without consideration, and that, as the bank knew, Mrs. Fitzpatrick was of unsound mind at the time of each transaction. He further alleged that John Fitzpatrick, her husband, purchased with his own funds eight United…