Kolakowski v. Cyman

Defendant Frank J. Cyman and his wife, Martha, executed and delivered a promissory note which reads as follows:

“We hereby declare that we have received $1,000 from Maryanna Kolakowski which we agree to repay to her after one year, i. e., September 17, 1933, with additional $100, which together will amount to $1,100. And in case of her death, the above mentioned money belongs to her son, Jan Kolakowski.”

This note later became the property of plaintiffappellee, who, on August 28, 1935, secured a judgment thereon in the sum of $1,169.35.

Frank J. Cyman was adjudicated a bankrupt some months…