Utay v. Urbish

CLAUDE WILLIAMS, Justice.

In his representative capacity as Administrator of the Estate of Clemmie A. Moore, Deceased, Joe Utay brought this action against A. J. Urbish to recover on a promissory note, payable on demand, dated July 15, 1963, in the principal sum of $18,000 executed by Mr. Urbish in favor of Clemmie A. Moore during her lifetime. Urbish asserted two principal defenses: (1) that the note sued upon had been can-celled and released by virtue of a written novation agreement entered into by Mr. Urbish and Mrs. Moore on August 8, 1963; and (2) that after Mrs. Moore’s death, the sole…