Karrick v. Pratt's Executors

Opinion by

Greene, J.

This was an action of assumpsit, commenced in 1851, by Simon A. Greagnon and'R. Pratt, executors, &c., of E. F.' Pratt, against Geo. Qrd *145Karri ck, on a promissory note. To the declaration, the defendant pleaded specially, that the plaintiffs ought not to have or maintain their action, for the reason, that at the time the action was commenced, no letters testamentary had been granted to, or taken by the plaintiffs ; and that no copy of letters or bond had been filed, as- required by statute, &c. The replication admitted the plea, but averred that letters and a bond had…