Carleton v. Byington

The facts were stated and opinion announced by —

Dillon, J.

I. The note in suit was made payable “ to Mary Jane Oarleton and John M. Oarleton, executors of James P. Oarleton, Jr., deceased.” Before suit brought, John M. Oarleton indorsed his interest in the note to Mary Jane Oarleton, who brought suit in her own name without making any allegations as to her representative capacity. This objection was taken by the defendant, and overruled by the court. It was one of those cases where the plaintiff might sue, at her election, either individually or representatively. It has recently so been held…