Newman & Snell's State Bank v. Hunter

220 N.W. 665 (1928)

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.