Mitchell v. Woodward

Citations

• 16 Del. 311

Syllabus

<p>Promissory Note. Alteration. Evidence.—In an action on a promissory note which is alleged to have been altered, since its execution and delivery, the alteration is matter of defence and not ground of objection to the admission of the note in evidence.</p> <p>Promissory Note. Executors and Administrators. Pleading—In an action on a promissory note by an administrator, where the promises in the declaration are laid to the intestate, under a plea of non-assumpsit, the character of the plaintiff as administrator, is not put in issue, but is admitted.</p> <p>Same.—Where the promises are laid to the intestate only and not to the administrator, the plea of non assumpsit admits the character in which the plaintiff sues.</p> <p>Promissory Note, Executors and Administrators.—Where, in an action on a promissory note, by an administrator, the note sued on is alleged to have been altered, the fact of alteration if it exists, is a transaction with the deceased and the defendant is not competent to prove it.</p>