Vanelzas v. Pallardy

Banke, Judge.

The plaintiff brought this action as the personal representative of the estate of Cody Fowler to collect two promissory notes executed to Fowler by the defendant. One note was payable to Cody Fowler, Trustee, in the amount of $5,000. The other note was payable simply to Cody Fowler and was also in the amount of $5,000. This appeal follows a jury verdict for the plaintiff on both notes. Held:

1. As to the second note, the defendant enumerates as error the denial of her motion for a directed verdict, based on the failure of the plaintiff to qualify himself properly as Cody Fowler’s…