Koutz

The first allegation of the complaint is, that on the 3rd day of November, 1872, the defendant made his promissory note in writing to John Koutz, and promised to pay him or order, six months after that date, $500, with interest at the rate of one percent per month. The second is, that on the 18th day of October, 1876, defendant, in writing, admitted said indebtedness, and agreed to pay the same. The third is, that on the 1st day of February, 1873, the said John Koutz, at the request of defendant, laid out for his use the sum of $43.02, which he, on the 18th day of October, 1876, promised in writing to pay said John Koutz. These are followed by allegations of the death of *347 John Koutz, intestate, on the 25th of November, 1876, the issuance of letters of administration to one John Ross, administration upon the estate of deceased, final settlement and distribution thereof, and that the plaintiff was entitled to receive the property of said estate, and did receive from said administrator said note and demand sued upon in this action. It is also alleged that on the 4th day of May, 1877, the defendant, in a writing, signed by him and addressed to the plaintiff, acknowledged said…