NEWMAN & SNELL'S STATE BANK v. HUNTER 220 N.W. 665 (1928) CASE BRIEF

NEWMAN & SNELL'S STATE BANK V. HUNTER
220 N.W. 665 (1928)
NATURE OF THE CASE: This was a dispute about a widow's payment on a note made by her deceased husband. Hunder (D), widow, appealed from a judgment in favor of Newman (P), bank, in its action to recover monies allegedly owed by D on a note she had given to the bank in exchange for her deceased husband's note.
FACTS: Hunter (D) was the widow of Lee Hunter whose estate was insufficient to pay his funeral expenses and the widow's allowance. Newman (P) held a note from Lee for $3,700 secured by stock from Hunter Company as collateral. The company was insolvent. It was later placed with a receiver and its assets were insufficient to pay its debt. D paid P the interest earned and due upon the note for its surrender to her and gave P her note for the balance due. P sued D to recover from her note to them. D appealed a judgment for P.

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