Pearle M. Hendry, of the Estate of J. W. Shearer, Deceased, Substituted for J. W. Shearer, Deceased v. United States

In this suit by the United States against J. W. Shearer on two promissory notes, plaintiff recovered judgment in the amount of $8,379.89. Pearle M. Hen-dry, executrix of the estate of Shearer, appeals from the judgment insofar as it awards recovery (in the sum of $5,720.- 70) on the second of these notes. Appellant contends that this second note never became a binding obligation upon Shearer and that, if it did, Shearer was released therefrom because that note was discharged by the execution of a third note which Shearer did not sign.

On September 15, 1953, Shearer entered into a contract to sell a tract of land in Boundary County, Idaho, to his grandson, Duncan E. Hendry and his wife, Ginnette G. Hendry. Under the contract, forty per cent of all crops grown on the tillable land was to be applied towards payment of the balance due on the contract, with interest at five per cent.

On November 18, 1953, Duncan Hen-dry borrowed $3,860 from the Farmers Home Administration of the United States Department of Agriculture (Administration) . He and his wife, as makers, signed a promissory note in that amount. Shearer signed the note as an accommodation maker, the Administration being…