Simons v. Forster

*339The opinion of the court' was delivered by

Gummere, Cities Justice.

This is an action on contract brought by the plaintiffs to recover from the defendant, as executrix of Charles Forster, deceased, moneys alleged to have been due and owing to the plaintiffs from Forster at the time of his death. The declaration contains only the common counts. Each of the pleas demurred to sets up as a defence to the action the following facts: That the plaintiffs, after the death of Forster, presented to the defendant, as his executrix, their claim against the decedent’s estate, which is the same claim as that…