Codding v. Whitaker

Assumpsit by an administratrix on promises made to her intestate. Plea, ne unques administratrix in bar. General demurrer to the plea sustained, and final judgment for the plaintiff.

The question is, can ne unques executor be pleaded in bar of an action brought by an executor for a cause of action accruing in the lifetime of the testator? We are not aware that this question has ever been directly answered in the negative by any decided case, in which it formed the subject-matter of adjudication. It is true, the old books contain forms and instances of such a plea in abatement; and dicta have…