Hoffman v. Ness

Burr, Ch. J.

Plaintiff alleges that about May 1, 1928, John Ness, as the administrator of the estate of Christian Ness, “found himself unable to pay the legal charges then due and payable from him as such Administrator or to carry on the farming operations on the real estate belonging to said estate and that the assets then in his hands were insufficient to cover the demands then necessary, and that on said May 1, 1928, for value received, he made, executed and delivered to the said Farmers & Merchants State Bank of Wahpeton, North Dakota, his promissory note in writing, dated on said day,…