Decatur County State Bank v. Carter

— Plaintiff-bank filed a claim in probate for $2250 on a note against the estate of Steven Y. Carter. Defendant-executrix admitted the execution of the note. By answer and counterclaim she alleged there was an oral agreement by the bank with decedent to procure credit life insurance to cover the unpaid balance of the note, which the bank negligently breached, and claimed damages to the estate of $2250. The trial court ruled for defendant and offset the damages against the amount owing on the note. Judgment entered against plaintiff for costs. Plaintiff has appealed and relies on three…