Warnemunde v. Smith

This action is ah appeal by the administrator with will annexed from the allowance of a claim filed against the estate of Merton E. House, deceased. The claim was based on a promissory note for $213.50, dated October 14, 1929, and by an error was due January 14, 1929, said note bearing a purported endorsement, “6-2-38 cr by ck = $13.32.” The county court allowed the claim, after a hearing upon the objections, and the administrator appealed to the district court.

The case was tried to a jury in the district court. The verdict was for $200.18, as the trial court instructed the jury if the…