Estate of Connell
Connell v. United States National Bank
Opinion
Lead Opinion
Fricke, J.
estate of the deceased inventoried at a little over $4,000. Appellant filed a claim, evidenced by a promissory note signed by the deceased, in the sum of $15,000, which claim was allowed. Thereafter United States National Bank, payee of the said note and appellant herein, brought an action upon the note against Mary E. Connell, who also happens to be the administratrix of the estate herein, as an individual. The complaint in this action alleged that the note in question was executed by J. F. Connell, the deceased, as the agent of said Mary E. Connell, that the money borrowed was applied to the improvement of property held by deceased and Mary E. Connell as joint tenants, that the latter had accepted the benefits of the money borrowed and that the plaintiff had filed a claim against the estate of J. F. Connell which had been approved but that such estate was insolvent. After hearing the evidence the court, in that action, held that Mary E. Connell was liable to the plaintiff in the sum of $15,000 with interest and attorney’s fees, and judgment for the total amount was entered in favor of the plaintiff. Defendant served a notice of intention to move for a new trial and very shortly…