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Judgment affirmed, withcosts. All concurred,
*946 except Kruse, J., who dissented upon the ground that a presumption of payment arises from the various transactions after the plaintiff’s claim accrued. The plaintiff made no such claim when called upon to pay defendant’s judgment nor at any time until long after the death of defendant’s testator, and in any event the fifty dollars rent should have been allowed.
Document Info
Filed Date: 3/15/1913
Precedential Status: Precedential
Modified Date: 11/12/2024