McKeany

This action is upon a promissory note made by the defendant, Mary F. Black, to the plaintiff April 15, 1891, payable “ on or before three years after date,” for twelve hundred and twenty-three dollars. A judgment by default was taken against her, and no question is made as to that judgment.

As to the liability of defendant Lilienthal, the complaint, after alleging the making of said note by defendant Black, alleged, in substance, that at the time said *590 note was made the defendants were the executrix and executor of the estate of Joseph F. Black, deceased; that the plaintiff was the owner of a claim against said estate which had been duly allowed by the defendants and approved by the court for said sum of twelve hundred and twenty-three dollars; that Mary F. Black was the sole legatee of said testator; that defendant Lilienthal was the owner of an undivided one-third of all the real estate of which Joseph F. Black died seised; that defendant Lilienthal promised and agreed with defendant Black that if she would execute and deliver said note to the plaintiff “ and the plaintiff would accept said promissory note and withdraw, release, and discharge his claim aforesaid as against…