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Case No. 4,915.
FOOTE v. NOLAND.
[5 Cranch, C. C. 399.]3
Circuit Court, District of Columbia.
March Term, 1838.
EXECUTORS—ACTION ON NOTE—PARTIES.
If a sealed note be given to R. H. F., one of the executors of Thomas Whittington, it is not necessary that all the executors should join in the action.
Debt on a sealed note for $60, payable to It. H. Foote, one of the executors of Thomas Whittington.
R. J. Brent, for defendant [William Noland], contended that it is to be presumed from “the face of the note, that the money belonged to the estate of the testator; and that there were other executors who ought to be joined as plaintiffs; and prayed the court to instruct the jury that the plaintiffs alone cannot recover; but that all the executors ought to join whether they proved the will or not
Mr. Bradley, contra, Cited Biddle v. Wilkins, 1 Pet [26 U. S.] 686, 692.
THE COURT (THRUSTON, Circuit Judge, absent), refused.
Verdict for plaintiff. New trial granted, because the verdict was against the evidence.
3 [Reported by Hon. William Cranch, Chief Judge.]
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