This is a motion for summary judgment. Donnelly & Baumann, Inc., maintained an account with defendant from 1925 to late in 1940. John Donnelly, Jr., and his father were stockholders of that firm; the son became principal stock-holder before his father died in March, 1940. After his father's death, he became executor of his estate.
On April 12, 1940, the firm account became overdrawn...
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