Leamon v. McCubbin

This was an action of assumpsit, by appellees, against appellants. Plaintiffs, in their declaration, allege that appellants made their promissory note in 1861, for a specified sum, payable to Phoebe McCubbin, at four months from that date; that the note remained unpaid; that Phoebe McCubbin died intestate in 1870, leaving plaintiffs her only heirs at law; that, at her death, she was not indebted, and there were no claims against her estate, save her funeral expenses, which plaintiffs have paid, and that no administrator of the estate has been appointed.

Defendants pleaded non assumpsit. The…