Holtman

Plaintiff brought this action against the executors of the estate of F. D. Butterfield, deceased, basing her claim upon a written instrument alleged to be a promissory note. The defendants denied the existence of any such note or other promise to pay to the plaintiff, on the part of the decedent. When the case came on for trial, a jury having been selected, plaintiff produced a witness who was sworn. Thereupon defendants objected to any evidence being offered or received in the ease, upon the ground that the complaint failed to state facts sufficient to constitute a cause of action. The court sustained the objection. The jury was discharged and a judgment of dismissal was entered, from which plaintiff has appealed on the judgment-roll alone.

[1] It is alleged in the complaint that on January 4, 1916, F. D. Butterfield, the decedent, made and delivered to plaintiff his promissory note in the sum of fifteen thousand dollars, payable three years after date, and bearing interest at six per cent per annum, no part of which note had been paid except the sum of twelve hundred dollars. After the death of Butterfield a claim, based upon and containing a copy of the alleged note, was duly…