The plaintiff, in 1848, executed his single bond to John and ’William Richards, partners in trade, for the sum of $225. Shortly thereafter John died, leaving a will and the defendant Coffin bis executor.
Decided 1853-08-05
PeaesoN, J.
¶1
The entire legal ownership of the note survived to the defendant William Richards, and the personal representative of the deceased obligee had no right to receive any part of it. The plaintiff, therefore, made the payment in his own wrong.
¶2*278
Whether the personal representative of the deceased obligee has a right in Equity to call upon the survivor for an account, it is not necessary now to decide, because the defendant fully meets and denies all supposed grounds of equity. The order dissolving the injunction is affirmed.
