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CLARY v. MILLER

Docket No. 17663.

101 Cal.App.2d 790 (1951)

226 P.2d 32

PHILIP V. CLARY, Respondent, v. JEAN R. MILLER, as Administratrix, etc., Appellant.

Court of Appeals of California, Second District, Division Three.

January 19, 1951.

Attorney(s) appearing for the Case

Victor A. Berry for Appellant.

Morgan W. Gordon for Respondent.

WOOD (Parker), J.

On October 11, 1947, plaintiff commenced an action against E.H. Rupert to recover $7,000 and interest due for money lent. Said defendant filed an answer. In February, 1948, before the action was tried, the defendant died. In March, 1948, Jean R. Miller (daughter of said defendant) was appointed administratrix of the estate of E.H. Rupert, deceased. On April 6, 1948, plaintiff presented a creditor's claim for said $7,000 and interest to the administratrix...

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