McCutchen v. Osborne

Opinion by

Mr. Justice Teller.

The plaintiff in error seeks to have reversed an order of the County Court allowing his claim against said estate as of the fifth class, instead of the first class, on the following state of facts:

The deceased obtained from the claimant bonds of the value'of $10,000, for which he represented that he had a prospective purchaser. He gave to a claimant a receipt as follows:

“Received of William McCutchen ten thousand dollars ($10,000,) in bonds of the Crown Hill Cemetary Association. It is understood that these are to be held by me, and when sold proceeds turned back…