¶1This .was an action of assumpsit brought by William Williams, administrator de bonis non of Margaret Williams.
¶2The suit is founded on a promissory note payable to Jonathan Williams, administrator of Margaret Williams.
¶3The defendants pleaded the general issue. The cause was submitted to the Court, and judgment rendered for the plaintiff.
¶4The only question raised in this case, which requires notice, is, whether the note sued on belonged to the estate of Margaret Williams ?
¶5The note Is payable to Jonathan Williams, administrator of Margaret Williams. If it had been payable to the payee as administrator of Margaret Williams, the point would have been clear. The objection, had the declaration been demurred to, would have deserved consideration. Here, however, the defendants pleaded the general issue, and the plaintiff obtained a judgment on the merits.
¶6It must now be presumed that it was proved on the trial that the note belonged to the estate of Margaret Williams.
¶7The judgment is affirmed with costs.