Stewart

The complaint contains two causes of action, the first being upon a promissory note made by the deceased, Philip Caduc, in his lifetime, for $1,000, dated November 15, 1901, with interest from date at the rate of seven per cent per annum; the second being for $2,027.50, for moneys alleged to have been loaned and advanced by plaintiff to deceased at his special instance and request, on the seventeenth day of June, 1902, less $100 paid thereon. It is alleged and admitted that claims properly verified for said amounts were duly presented to defendants as executors, and said claims rejected. Defendants, in their answer, denied that there was any consideration for the said promissory note, and alleged that the same was wholly without consideration or value of any kind, and further denied that deceased, on the seventeenth day of June, or at any other time, became or was indebted to plaintiff in the sum of $2,027.50, or in any sum, on account of moneys loaned or advanced to deceased or at all. The answer further contained a cross-demand for $100, being the $100. which plaintiff alleged was paid on the second alleged cause of action. The court found the allegations in plaintiff’s…