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McNUTT v. SHERRILL

No. 61-561.

141 So.2d 309 (1962)

John P. McNUTT, as Administrator Ad Litem of the Estate of Morris Margolis, Deceased, Appellant, v. Allen E. SHERRILL, Appellee.

District Court of Appeal of Florida, Third District.

May 22, 1962.

Attorney(s) appearing for the Case

Albert M. Lehrman, Miami, for appellant.

R.E. Kunkel, Miami, for appellee.

Before HORTON, CARROLL and BARKDULL, JJ.

CARROLL, Judge.

This is an appeal by the defendant below from an adverse summary judgment. The plaintiff, who was executor of the estate of Morris Margolis, sued the estate in his personal capacity to recover on a promissory note made to him by the decedent. His conflict of interest prompted appointment of an administrator ad litem as provided for by § 732.55, Fla. Stat., F.S.A.

The action was commenced on April...

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