MULLAN, EXEC. v. Mullan

Suit was instituted at law by the plaintiff, as executor of his aunt’s estate against his brother, the defendant, on six of the common counts and two additional ones. One of the special counts alleged that the plaintiff’s decedent had advanced to the defendant $10,200 “in order that the bills of the said Sadie Mullan [the decedent] might be taken care of”; that certain of her bills were paid by the defendant and she thereafter died; and that the executor had made demand upon the defendant to pay him the sum of $10,200, less any sum that had been expended to pay the decedent’s bill, but, this,…