King v. Smith

This is an action brought on a promissory note for $700 dated May .1, 1924. The note was executed by appellant in favor of A. Fay King, Alice S. King Bell and William Luedke, executors of the estate of Silas. King, deceased, who died August 28, 1923. This note was thereafter indorsed and delivered to the same individuals as trustees of a trust created under the provisions of the last will of said Silas King. There was no dispute as to the making, execution and delivery of the note or as to the respondents’ being the owners thereof.

The appeal is from an order striking out the answer as sham…