Mitchell v. Woodward
Superior Court of Delaware
This was an action on a promissory note, dated March 23, 1889, made by Abner H. Woodward and Elwood Woodward, payable to the order of Stephen Mitchell, twelve months after date, the amount of note being $650, with interest from date; maturing March 26, 1890. The plaintiff declared as administrator, but did not plead letters of ád ministration with a proferí. The declaration contained one count only, which was upon the note, in which the promises were laid to the intestate.
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This was an action on a promissory note, dated March 23, 1889, made by Abner H. Woodward and Elwood Woodward, payable to the order of Stephen Mitchell, twelve months after date, the amount of note being $650, with interest from date; maturing March 26, 1890. The plaintiff declared as administrator, but did not plead letters of ád ministration with a proferí. The declaration contained one count only, which was upon the note, in which the promises were laid to the intestate. A copy of the note was filed under the declaration. The pleas were non assumpsit, payment, set off and act of limitations.
1Opinion of the CourtLore, C. J.
The plaintiff declared as administrator, but did not plead letters of administration with a proferí. The declaration contained *315one count only, which was upon the note, in which the promises were laid to the intestate. The pleas were non assumpsit, payment, statute of limitations and set off. At the trial, the plaintiff offered in evidence a note, but did not produce the letters of administration or any proof thereof.
The counsel for the defendant moved for a. nonsuit on the ground that the plea of non assumpsit put in issue the character of the plaintiff as administrator, which must therefore…
2Cases cited4 opinions
- Page v. DanaherWisconsin Supreme Court · 1877
- Champlin v. TilleyU.S. Circuit Court for the District of Connecticut · 1809
- Trimble v. MimsSupreme Court of Georgia · 1893
- Way v. SwiftSupreme Court of Vermont · 1840