Kennedy v. Gelders

Kennedy, describing himself as executor, but in reality, as appears from the amplified allegations of the petition, administrator de bonis non cum testamento annexo for the estate of C. L. Blystone, brought suit against Gelders on a promissory note by which Gelders had promised to pay to the order of “E. W. Byman, executor of C: L. Blystone’s estate,” a given sum of money. It was recited that the note was taken by Eyman while he was executor, but that later he died and the plaintiff succeeded him in the representation of the estate of Blystone. It was alleged, that the note belonged to the…