John O'Fallon, William Clark, et. al vs. Estate of Edward Hempstead
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in their own proper nights and capacities
and not as executors: and that afterwards to
wit on the day and year aforesaid at the place
aforesaid they the said Thomas HempsteadThomas Hempstead and
Charles J. Hempstead payees as aforesaid, endorsed
in their individual capacities and not as exec-
utors, the same notes and then and there de-
livered them to the said Thomas J. Riddick
who became the legal holder of the same: and that
afterwards and when the said notes became
due and payable to wit an the sixteeth day of August in the year aforesaid the
said notes were presented to them the said
defendants as executors as aforesaid as the
makers of said notes who then and there as
such executors neglected and refused to pay
the same of which premises the said Thomas
& Charles payees and indorsers as aforesaid afterwards, then and there had
notice, and so became legally liable to pay the
amount of said notes in their individual
capacity & not as executors as aforesaid: and
then and there promised in their individual
capacity & not as such executors to pay
the amount of said notes to said Ridick and
the said defendants in fact say that they are
both payees and makers of said notes in dif-
ferent nights as in this plea set forth
and that they are legally bound by their
said endorsment as aforesaid to pay the
amount of said notes in their individ-
ual capacity and not as executors as afore-

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said, and that they are discharged from
their liability as executors as aforesaid in
their executing said notes as makers there-
of: of all which premises, the said plaintiffs,
before and at the time of the endorsment
and delivery of said notes by said notes by
said RiddickRiddick to said plaintiffs, to wit on the
day and year last mentioned had notice;
And this the said defendants are ready
to verify: wherefore they pray judgment
if the said plaintiffs ought to have or main-
tain their aforesaid action thereof
against them U.C.

and for a further plea in
this behalf as to the first and second Courts
of said declaration, the said defendants
say that the said plaintiffs ought not to
have or maintain their aforesaid ac-
tion thereof against them, because they
say that they did make and execute the
said notes as in said Courts mentioned to
wit on the said fourteenth day of june as ex-
cutors as aforesaid; and that they the said
ThomasThomas and CharlesCharles defendants are the same
identical Thomas & Charles S. who are pay-
ees in their individual capacity as also
first endorsers of the same; and furthermore
that after the said notes were so made executed
and endorsed as in this plea mentioned to wit
on the day and year last aforesaid at the