Phillips v. Gillaspie.

McCALEB, Judge.

Mrs. Mabel Phillips, widow of Edward C. Church, brought this suit against the defendant for recovery on a promissory note in the sum of $1,500, dated February 20, 1933, with interest thereon at the rate of 6 per cent, per annum from date until paid, together with 10 per cent, attorney’s fees on principal and interest.

Defendant filed an answer admitting the execution of the note, but averring in substance as follows:

On February 20, 1928, and prior thereto, the late Edward C. Church, husband of the plaintiff, was an intimate friend and patient of the defendant (a practicing…