Goodall v. Warden's Adm'r

Opinion op the Court by

Judge Fulton

Affirming.

On May 24, 1934, the appellee, C. Lee Warden, administrator of Dr. Wm. • M. Warden, filed suit for the settlement of Dr. Warden’s estate, and approximately 10 months thereafter the appellant, E. H. Goodall, by intervening petition, filed a claim on a promissory note of $5,000, which he alleges was executed and delivered to him by Dr. Warden. The note was dated October 10, 1931, payable five years after date, and the signature, Wm. M. Warden, appeared twice. Although appellant failed to file his claim until 10 months after the action was filed, the…