Burlington Grocery Co. v. Heaphy's Estate

This is a probate appeal from the disallowance by commissioners of a claim against the estate of the late Thomas J. Heaphy. The defendant moved the county court to dismiss the appeal on the ground, in substance, that the corporate existence of the plaintiff was not alleged. The first exception argued was saved to the overruling of this motion. In both the petition for an appeal and the accompanying declaration the plaintiff is described by name alone, but is referred to by the impersonal pronoun “it” and the petition is subscribed by one Blodgett as vice-president. It may be admitted as…