Scrantom v. . the Farmers' and Mechanics' Bk. of Rochester
New York Court of Appeals
Appeal from, the Supreme Court. The plaintiff was one of the executors of T. M. Watson, deceased, and on the 4th. day of May, 1858, he deposited in the defendant’s bank a sum of about $350, of which $72.37, a balance-undrawn, is claimed to be recovered in the action. The account in the books of the bank was opened with “ Henry Scrantom, Executor,” and it was entered in this manner by the direction of the plaintiff.
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Appeal from, the Supreme Court. The plaintiff was one of the executors of T. M. Watson, deceased, and on the 4th. day of May, 1858, he deposited in the defendant’s bank a sum of about $350, of which $72.37, a balance-undrawn, is claimed to be recovered in the action. The account in the books of the bank was opened with “ Henry Scrantom, Executor,” and it was entered in this manner by the direction of the plaintiff. At the time of the deposit, the plaintiff was indebted to the estate which he represented in a larger sum than the amount of the deposit. The money deposited was the proceeds of a…
1Opinion of the CourtSutherland, J.
This action was certainly brought by the plaintiff as executor. The plaintiff complains as executor, and I do not see how the defendant can deny that he meant to bring the action as executor.
Mo objection was taken, either by-demurrer or answer, that Bobbins was not a party plaintiff, and the defendant could not make the objection at the trial. (Code, '§§ 144, 147, 148 Bidwell v. The Astor Mutual Insurance Company, 16 N. Y., 266; Zabriskie v. Smith, 3 Kern., 336.)
The referee did not decide that the assignment of the policy of insurance by the plaintiff to himself as executor, transferred the…
2Cases cited1 opinion
- Burton v. WilkinsonSupreme Court of Vermont · 1846
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- Carples v. Cumberland Coal & Iron Co.New York Court of Appeals · 1925
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Robinson v. Memphis & C. R.United States Circuit Court · 1883
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