Claude T. Lindsay, Inc. v. Crocker-Anglo National Bank

We are presented here with two appeals. The first is from a judgment after the trial court sustained a demurrer to appellant’s complaint without leave to amend. The second is from an order denying appellant’s motion for payment of its creditor’s claim, with interest from April 17, 1952.

The background of the litigation between the parties is this: Appellant sold lumber to Homer E. Adams and, upon the death of the latter in 1951, appellant presented its creditor’s claim to the executrix of the estate of Adams. The executrix allowed the claim on March 24, 1952, and the probate judge approved the claim on April 17, 1952. The executrix was later relieved of her duties, and in connection with those proceedings she filed an account showing appellant’s claim as a debt due from the estate. On March 4, 1954, the probate court entered its order settling the account of the executrix. The court made no order, however, for the payment of the claims of any creditors. In 1957, its claim still being unpaid, appellant filed a petition asking for an allowance of interest on the unpaid claim. This petition was opposed by the successor executor, Crocker-Anglo National Bank, but the court…