Arkport State Bank v. Nutter

The plaintiff brought an action upon a promissory note made by defendant’s testator. A so-called claim had been presented to the executrix in the form of an affidavit stating “ balance unpaid on note of $517. and several years interest.” No copy of any note was attached to the claim affidavit nor anything to show the date of the note, the amount for which it was made nor the payments of principal or interest thereon. This affidavit was the only claim ever served upon the executrix. The complaint alleged a demand note dated January 23, 1929, for $12,500 and that on or about June 16, 1949, the…