Consolazio v. Summerfield

OPINION

By the Court,

Coleman, C. J.:

This is an action to recover upon a claim rejected by the executor of the estate of Peter Steffes. Judgment was rendered in favor of the executor. Plaintiff has appealed from the judgment and the order denying a motion for a new trial.

In this opinion we will allude to the parties as plaintiff and defendant, and to the deceased as Steffes.

The paper which was. the basis for the claim filed with the executor, and which was sued upon and frequently referred to in the trial as a note, reads as follows:

“Reno Nev

Dec 27 — 1929

“I owe D. Consolazio the sum of Four…