Rogovin v. Kridel

The opinion of the court was delivered by

Campbell, Chancellor.

The plaintiff below was the holder of a bond and mortgage, executed by George Kridel, and which, at the time of his decease, was not due by reason of maturity or default, and she filed with his executors proof of the amount due thereunder. The executors gave notice that they disputed the claim and plaintiff then brought action to substantiate it.

The executors, defendants below, upon notice, moved to strike the complaint because it “discloses no cause of action in that by reason of the statutes in such case made and provided the…