McGill's Administratrix v. Phillips

Opinion of the Court by

Judge Rees

Affirming.

W. T. McGill brong’ht this suit on February 17,1930, against the appellees to recover the sum of $3,785, the balance alleged to be due on a note for $4,000 executed- and delivered to him by the Nolin Milling Company on September 8, 1924. McGill died during the pendency of the action, and it was revived in the name of his administratrix.

The petition is in five paragraphs. In the frst paragraph it is alleged in substance that a corporation known as the Nolin Milling Company was organized in 1892, and that in 1916 plaintiff lent to the corporation the…