Katz v. A. J. Ruhlman & Co.

Plaintiff, as administrator with the will annexed, sued to recover upon a promissory note delivered by defendant to the decedent. The defendant answered alleging it had an offset against the note in money due from decedent which plaintiff was estopped to deny because of certain acts of the former executor of the estate. The trial court rejected the defense and gave judgment for the full amount of the note with interest.

In its appeal from the judgment defendant attacks the findings of fact as not supported by the evidence, and argues that the executor waived the statutory requiremént that, a…