Rector's executors v. Langham

Wash, J,,

delivered the opinion of the Court.

This was an action of debt, brought by the plaintiffs in error, against the defend-ant in error, on a promissory note, executed to them, as executors. The declaration charges, that the note sued on, was made and delivered to the plaintiffs,, “as executors,” whereby the defendant became liable to pay to them, “ as executors,” &c.; to which the defendant demurred generally, and had judgment ; to reverse which, this writ of error is prosecuted. For the defendant, it is insisted, that the note given to William H. Ashley and William Rector, “ as…