Stewart v. Davis'

Worden, J".

Action on note, payable to William McClintich, executor of the last will of Pansom Davis, deceased. Complaint alleges that Martin M. Sheppard, and said Stewart, 'by said note, promised to pay said plaintiff, as executor aforesaid, &c. That said Sheppard thereafter departed this life, and that John A. Keith was appointed administrator of his estate. Keith, administrator, was made a party defendant, but the plaintiff' afterwards dismissed as to him, and Stewart *75answered. Demurrer to the answer was sustained; judgment for the amount of the note.

Stewarts answer is in substance, that…