Link v. Patterson

HENDRY, Judge.

Plaintiff brought action against defendant, executrix of the Estate of Harry W. Link, Jr., deceased, seeking recovery on a promissory note allegedly executed by decedent. Defendant answered, not under oath, denying execution of the note and alleging failure and want of consideration.

Plaintiff moved for summary judgment with a supporting affidavit made by plaintiff himself, payee of the note. Defendant filed no opposing affidavits. There is disagreement between the parties as to whether or not the original note was introduced at the hearing below; appellants contend that it was…