McMichael v. Tucker

Opinion by

Linn, J.,

Plaintiff, administrator of Ms deceased wife’s estate, sued for a balance claimed on a writing dated January 1, 1920, signed by defendant, acknowledging a loan of $950 from decedent, to be repaid in three years with interest, with leave to make partial payments of at least $50 at a time. The statement of claim averred that decedent died May 31,1922, and admitted payments to the administrator on December 9,1922, and January 20,1923, aggregating $218.45; the balance was claimed with interest.

The affidavit of defense averred that receipts were endorsed on the instrument,…