Clemons v. Succession of Johnson

Mrs. Julia Johnson was appointed administratrix of the succession of her husband, James J. Johnson, and filed a provisional account. The plaintiff opposed the account on the ground that she had not allowed his claim for $558.(10, less a credit of $258.00.

Opponent’s claim is evidenced by a promissory note signed by the deceased. The administratrix admitted in answer that the note was signed by the deceased, but alleged that it was given for a gambling debt and was, therefore, without a valid, legal consideration.

There was judgment in the lower court for plaintiff ordering the administratrix to…