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LESTER v. FLANAGAN

No. 11007.

113 S.E.2d 87 (1960)

J. A. J. LESTER, Adm'r, v. Pat J. FLANAGAN.

Supreme Court of Appeals of West Virginia.

Decided March 8, 1960.

Dissenting Opinion March 14, 1960.

Attorney(s) appearing for the Case

M. E. Boiarsky, R. L. Theibert, Charleston, for plaintiff in error.

Paul D. Blackshear, Pineville, for defendant in error.

BROWNING, President.

Plaintiff, J. A. J. Lester, Administrator of the estate of Josh West, deceased, instituted this motion for judgment proceeding in the Circuit Court of Wyoming County, on September 24, 1951, to recover $1,928.99, principal and interest, allegedly due his decedent from Pat J. Flanagan, defendant, by virtue of a promissory note in the amount of $1,700.00, dated June 1, 1949, payable six months after date. Defendant filed a plea of "Payment and Release...

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