The complaint in this action alleges, in substance, that said W. L. Richardson, deceased, in -his lifetime executed and delivered two certain promissory notes, one for $900 and the other for $50, and that said notes are held and owned by the plaintiff. The complaint further alleges that said W. L. Richardson has departed this life, and that said S. D. Richardson is the duly-qualified and acting administrator of the estate of the deceased. It is further averred in the complaint that the plaintiff on or about the 23d day of April, 1898, filed with the said administrator, the defendant, a duly-verified statement of the plaintiff’s claim against the estate of the deceased, based upon said note for $900. The complaint further avers “that thereafter, and on or about the 8th day of July, 1898, an agreement was entered into between the plaintiff and said defendant and the heirs at law of the said W. L. Richardson, deceased, whereby it was agreed that the plaintiff would accept in full payment of said claim upon the above described promissory note, as against the estate of said deceased, the sum of two hundred and sixty-eight and 95-100 dollars, with interest thereon
To this complaint a demurrer was interposed upon the ground that the complaint does not state facts sufficient to constitute a cause of action. The demurrer was sustained, and the court below entered a judgment of dismissal, with costs to defendant. The plaintiff has appealed to this court from such judgment, and the sole question presented for determination is whether the complaint states a cause of action. We are clear that it does not. The case at bar, in its controlling facts, is in all respects similar to the case of Boyd v. Von Neida, recently decided by this court, and reported in 9 N. D. 337, 83 N. W. Rep. 329. The only feature of this case which differs at all from the case cited consists in the alleged fact that a compromise of the claim based upon the $900-note was made between the plaintiff, on the one part, and the administrator and the heirs at law of the deceased, upon the other part, whereby it was agreed that a certain portion of said claim should be allowed by the administrator; and said portion, it is averred, was subsequently indorsed upon the claim by the administrator as allowed by him. But in view of the statute, which very rigidly controls the allowance and rejection of claims which are presented for allowance tó administrators and executors, we are compelled to hold that neither the alleged agreement to allow the claim as above set out, nor the attempted allowance thereof by the administrator, as evidenced by the indorsement upon the claim, has any validity whatever. Both the agreement to allow and the attempted allowance by indorsement occurred after the lapse of more than. 10 days next following the date of filing the claim with the administrator. The claim was, therefore, under the statute, a rejected claim at the time of the agreement to