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AIKINS v. PETERSON

12 Wis.2d 209 (1961)

AIKINS, Administratrix, Appellant, v. PETERSON, Respondent.

Supreme Court of Wisconsin.

January 10, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Petersen, Sutherland, Axley & Brynelson, and oral argument by Frank J. Bucaida, all of Madison.

For the respondent there was a brief and oral argument by Donald W. Kaatz of Madison.

BROWN, J.

The defendant was married to Naomi, a daughter of Jess Deaver, now deceased. On or about August 20, 1953, defendant borrowed $3,000 from Deaver upon his promissory note due one year after date. The money was invested in a tavern business which failed and Mr. Peterson became a bankrupt. On approximately February 26, 1954, Peterson paid Deaver $500 on the note. No other cash payment was made. Deaver died in May, 1955. His other daughter, Doris, now Mrs. Aikins...

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