Burr v. Goodwin

MORTON, J., pro tem.

This is an appeal by the claimant from a judgment in favor of the administrator on a rejected claim.

Shortly prior to his death decedent filed an action against the appellant bank for charging and collecting usurious interest from him. R. N. Goodwin, as administrator, was substituted as plaintiff, and in its answer the bank pleaded certain promissory notes executed by decedent and held by the bank, as a counterclaim and set-off thereto. A claim on the notes had been presented to the administrator but he had not approved or rejected it at the time of the trial, although more…