Hildenbrand v. Stinson

Wennerstrum, J. —

Plaintiff sought in an action at law to recover $475 which was the balance due on a claimed loan of $700 previously made to Louis Stinson. It was evidenced by a check drawn on the bank account of the plaintiff and made payable to the original defendant. Plaintiff in connection with his suit attached a truck owned by the defendant. Subsequent to the commencement of the action, Louis Stinson died and his administrator was substituted as defendant. In his answer the substituted defendant denied liability on plaintiff’s claim and filed a counterclaim for damages for alleged…