Bryan
Herbert Kraft Co. v. Bryan
Opinion
Lead Opinion
McFARLAND, J.
This is an action to recover the balance alleged to be due on a certain negotiable promissory note,—the complaint containing the averments necessary to the proper statement of a cause of action on such an instrument. It is averred that on June 3, 1893, the defendants, James M. Bryan and Dollie L. Bryan, made and delivered their promissory note (a copy of which is given) to one Herbert Kraft, in which they promised to pay to said Kraft, or order, two years after date, ten thousand dollars, with interest at nine per cent per annum; that thereafter Herbert Kraft assigned and transferred said note to plaintiff; that certain named payments had been made on said note, and that there was due and unpaid thereon the sum of $2,318, with interest; and for this last named amount, with costs, etc., plaintiff prayed judgment. James M. Bryan died after the commencement of the action and after the various pleadings had been filed, and the other defendant, Dollie L. Bryan, was substituted for him as his administratrix. Judgment was rendered in the court below as prayed for in the complaint; and Dollie L. Bryan as such administratrix, and in her own individual capacity, appeals from the…