Malin v. Bull

The opinion of the court was delivered by

Tilghman, C. J.

This action was brought by Thomas Bull, the plaintiff below, against Malin and Bartholomew, executors of Michael Gunkle, deceased. The declaration contained two counts, one of which was on an assumption by the testator in his lifetime, the other on an assumption by the defendants, as executors, in consequence of a transaction by the testator in his lifetime. The following is the substance of the last count. Thomas Bull, the plaintiff, and Michael Gunkle, the testator, being managers of “ the little Conostoga turnpike company,” were…