Kelsey v. Chamberlain

The plaintiffs, who are heirs-at-law of Alma A. Chamberlain, deceased, bring suit upon the following *242instrument, which, was given by defendant to said Alma, and by her indorsed in blank, and as they alleged, delivered to them:

“ February 18, 1873. For money received I promise to pay Alma A. Chamberlain four hundred and thirty-five dollars out of my estate, if she should outlive me; but if not, to her heirs as she shall direct without use.

Lyman Chamberlain.”

The only question made by the record is whether this note was due when the suit was instituted. The defendant insisted that it was only…