PETERSON, Justice.
This is an action for alleged unpaid balance on promissory note of $1,250. The note was executed by defendant to Robert D. Handy on July 1, 1951. It was payable on January 1, 1953. In September 1956 Mr. Handy was declared of unsound mind and committed to the State Hospital at Clarinda. Russell S. Wunschel was duly appointed guardian, and in such capacity is the plaintiff.
There is no dispute about the payment by check of three fifty dollar...
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