Facts of the case
- X executed a promissory note in favor of Z.
- X died suddenly before repayment.
Issues in the case
- Whether Z can claim the amount from the legal heirs of X after X’s death.
- Whether the liability under a promissory note passes on to the legal heirs of the deceased maker.
Principles associated with the case
- A promissory note is a negotiable instrument creating a personal obligation of the maker to pay the holder.
- The liability of the maker on a promissory note survives the death of the maker.
- The legal heirs or representatives of the deceased maker are liable to pay the amount due under the promissory note.
- The holder can claim the amount from the estate of the deceased through proper legal procedures.
Judgement
- Z can claim the amount from the legal heirs of X.
- The legal heirs of X are liable to pay the amount due under the promissory note.
- The claim can be enforced against the estate of X through the appropriate legal process.