Riddell Nat'l Bank Etc. v. Englehart

DISSENTING OPINION

Bowen, C. J.,

(Dissenting Opinion in which Martin, J., Concurs.)

I cannot agree with the majority opinion in this case.

In my opinion, the record shows that the appellees established a good cause of action based upon Burns’ Stat., §6-2101. The appellant administrator failed and refused to close the estate by filing its final report within the time prescribed by statute and thereby permitted claims based on three alleged lost notes to be, filed by. *530three different claimants and prosecuted to judgment, although .none of the said claims were filed until more than two years after…