Schiffman v. Atlas Mill Supply Inc.

Plaintiff, executor of the estate of Bertha Sehiffman, deceased, filed suit on a $4,000 promissory note executed October 31,1955, by defendant corporation to Bertha. Defendant admitted execution and delivery of the note, receipt of the money, and that it was never repaid; but asserted, and the trial court so found, that Bertha’s conduct on or about January 27, 1956, and thereafter prior to her death, “amounted to an executed oral agreement that the debt and obligation was forgiven, and deemed paid and satisfied.” (Findings of Fact, p. 6.) Judgment was entered in favor of defendant; plaintiff…