M'Kinney v. Harter

— Assumpsit brought by Joseph Harter on a promissory note. The declaration alleges that the defendant made his promissory note, commonly called a due-bill, by which he acknowledged himself indebted to the plaintiff, by the name and description of “ The estate of Thos. Eager, *386deceased,” the plaintiff being the administrator of said estate, in the sum of, &c.; and then and there delivered the^same to the plaintiff; by means whereof, &c. Plea, non assumpsit. The declaration as originally filed contained the name of Thos. Edgar, and not that of Thos. Eager. After issue joined, and before the…