Pamplico Bank and Trust Co. v. Prosser

Bussey, Justice:

This is an appeal from an order of summary judgment granted in action for indebtedness due on a, promissory note, plus interest, attorney’s fees and costs. The complaint alleged that on August 21, 1968, Richard Prosser executed a promissory note to the order of the respondent bank for $10,000.00. It is further alleged that the said Prosser died on August 27, 1968, and that there was due and owing on said note the sum of $5,000.00, plus interest, attorney’s fees and costs, as provided in said note. The appellant, Executrix of the estate of the said Prosser, by answer al-ledged…