Jewett v. Hurrle

— The appellee held a note for $1,000, with interest, and containing an agreement to pay attorney’s fees, executed by the decedent of whose estate the appellant is administrator, which note was past due at the date of the death of the decedent.

The note was secured by chattel mortgage executed by the decedent on certain personal property owned by him. The administrator sold the personal property mortgaged and realized the money for the same, which he held in his hands, amounting to a sum in excess of the amount due on the note secured by the mortgage. The appellee placed the note in the hands…