McGilly v. Day Trust Co.

Frank P. McGilly on April 26, 1954, gave to the defendant, Day Trust Company (the bank), a note in payment of a note of January 25, 1954, for $24,000. The January note was marked paid and surrendered to McGilly. The note of April 26 bore the figures $24,000, but recited in words the promise to pay “Twenty thousand Dollars.” On June 11, 1954, McGilly executed a note to *361the bank for $2,000. McGilly died July 6, 1954, and the plaintiff was appointed his executor on September 7, 1954. The bank represented to the plaintiff that there was $24,000 due on a note of April 26, 1954. On or about October…