Contracts · MBE-tested
M'Kimm et al. Executors, versus Riddle
2 U.S. 1002 Dall. 100·Supreme Court of Pennsylvania·1788·PA
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Opinion
M‘Kimm et al. Executors, versus Riddle.
Assumpsit for goods sold and delivered. Pleas, non assumpsit, payment, &c.
The plaintiffs, having proved the contract, were called on to produce their Letters Testamentary; but the Counsel insisted, that although they had them, they were not bound to produce them on the present issue.
Ruled at Carlisle Nisi Prius.
[MAJORITY — By the Court:]
By the Court:
—It is not necessary, under the pleas in this cause, to produce, the Letters Testamentary. If the defendant wished to have them produced, he should have pleaded, and put the matter in issue.