Landis v. Woodman

GAROUTTE, J.

—Plaintiff presented a claim against the estate of A. Fuller, deceased, to the administrator. This claim was in the following form and was rejected:

“The undersigned creditor of A. Fuller, deceased, presents his claim against the estate of said deceased for approval, to wit:

“Estate of A. Fuller, Deceased, to A. J. Landis, Debtor.

“To principal promissory note, dated June 25, 1897, hereto attached, fifteen thousand dollars.

“To interest on same from June 25, 1897, at seven per cent per annum, to March 25, 1898, seven hundred and eighty-seveij. and 50-100 dollars.

“Which note is in the words and figures following, to wit:

“ ‘$15,000. Chico, Cal., June 25, 1897.

“ ‘One year after date (without grace), I promise to pay to the

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order of A. J. Landis, fifteen thousand dollars, for value received, with interest until paid, both principal and interest payable only in United States gold coin.

“ 'ALFRED FULLER/

''State of California, 1

'

> SS.

''County of Butte. /

''A. J. Landis, whose foregoing claim is herewith presented to the administrator of said deceased, being duly sworn, and says that the amount thereof, to wit, the sum of fifteen thousand dollars, with accruing interest at the rate of seven per ; cent per annum on the sum of fifteen thousand dollars, is justly due said claimant, but is not payable until the expiration of one year from June 25, 1897; that no payments have been made thereon which are not credited, and that there are no offsets to the same to the knowledge of said claimant.

“A. J. LANDIS.

“Subscribed and sworn to before me this 25th day of March, 1898.