Jarecki Mfg. Co. v. McElwaine

BAKER, District Judge.

This is a suit brought by the plaintiff against the defendant upon three promissory notes alleged to have been executed by the firm of J. B. McElwaine & Co., which firm was composed of J. B. McElwaine and Montgomery M. McElwaine, now deceased. The complaint, in each paragraph, alleges that J. B. McElwaine died long prior to the bringing of this suit, but where, or whether testate or intestate, the plaintiff does not know, and alleges that there is no known administration upon his estate. The defendant, in the third paragraph of answer, alleges that on the 16th day of…