Merritt v. Keeler

Suit was commenced by summons by plaintiffs against Arthur B. Keeler and Byron E. Merritt; *315and afterwards a declaration was filed in the cause, in which the plaintiffs styled themselves—

“ As executors of the last will and testament of William E, Merritt, deceas, d.”

It contained only the common counts in assumpsit, in which the promises are alleged to have been made to the plaintiffs.

A bill of particulars was filed containing several items, without stating any year. The first item reads as follows:

“March 8. To collection money, Geo. Mathias note, $5.00.”

The other items are the same, except as…