CAPPER v. TARLOW


486 P.2d 1298 (1971)

George I. CAPPER, Appellant, v. Elvin TARLOW, As Executor of the Estate of Milton D. Tarlow, Deceased, et al., Respondents.

Court of Appeals of Oregon, Department 2.

Decided July 15, 1971.


Attorney(s) appearing for the Case

Reuben Lenske, Portland, filed the briefs for appellant.

Roscoe C. Nelson, Portland, argued the cause for respondents. With him on the brief was John P. Bledsoe, Portland.

Before FOLEY, P.J., and FORT and THORNTON, JJ.


FOLEY, Judge.

On January 15, 1968, plaintiff filed a claim against the estate of Milton D. Tarlow, deceased, for the sum of $11,100.54 based upon a promissory note, dated April 24, 1953, given by decedent to plaintiff for $8,547.95 plus accumulated interest, attorney fees and advances to pay delinquent taxes less certain payments allegedly made upon the debt. The claim was rejected by Elvin Tarlow, executor of the estate and defendant herein. Following a hearing on...

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