MARTINO v. FRUMKIN

No. 1 CA-CIV 923.

11 Ariz. App. 160 (1969)

462 P.2d 853

Dom MARTINO, Deceased, by Gertrude Martino, Administratrix of his estate and Gertrude Martino, individually, Appellants, v. Neil D. FRUMKIN, Appellee.

Court of Appeals of Arizona, Division 1. Department A.

Rehearing Denied January 9, 1970.

Review Denied February 10, 1970.


Attorney(s) appearing for the Case

W. Francis Wilson, Phoenix, for appellants.

Langerman, Begam & Lewis, by William B. Revis, Phoenix, for appellee.


STEVENS, Judge.

This appeal by Gertrude Martino individually and as the administratrix of her deceased husband, Dom Martino, questions the propriety of the judgment of the trial court, sitting without a jury. We are asked to decide whether their affirmative defense of payment was sustained by the evidence received during the trial of the suit brought by Neil D. Frumkin on the Martino promissory note dated 3 January 1964. The trial was held on 24 October 1967, and...

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