Rogers v. Maguire
New York Supreme Court
Appeal from special term, New York county. Action by Henry P. Rogers and others, as executors of the will of Nathaniel P. Rogers, deceased, against Frank Y. Maguire and another. From an interlocutory judgment overruling a demurrer to the complaint, defendant Rogers appeals. Affirmed.
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Appeal from special term, New York county. Action by Henry P. Rogers and others, as executors of the will of Nathaniel P. Rogers, deceased, against Frank Y. Maguire and another. From an interlocutory judgment overruling a demurrer to the complaint, defendant Rogers appeals. Affirmed. The opinion of Mr. Justice ANDREWS at special term is as follows : It was held in McGregor v. McGregor, 35 N. T. 218, “that one coexecutór may maintain an action in equity against another coexecutor to compel the payment of a debt owing by him to the estate.” The learned counsel of the defendants, as I understand…
1Opinion of the CourtVan Brunt, P. J.
The complaint in this action alleges the death of one N. P. Rogers at the city of New York, leaving a last will and testament, wherein he appointed the plaintiffs and the defendant Nathaniel P. Rogers as his executors; that said will was duly admitted to probate, and letters testamentary issued thereon to the plaintiffs and the defendant N. P. Rogers; that the defendants Frank Y. Maguire and N. P. Rogers were at the times mentioned *278in the complaint copartners doing business in the city of New York under the firm name of Maguire & Rogers; that the deceased, N. P. Rogers, loaned to said Maguire…
2Cases cited2 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- McGregor v. . McGregorNew York Court of Appeals · 1866
3Cited by7 opinions
- Pryor v. KrauseCourt of Appeals of Texas · 1914
- Wallach v. DryfoosAppellate Division of the Supreme Court of the State of New York · 1910
- Peterson v. VanderburghSupreme Court of Minnesota · 1899
- Peters v. SmithNew York Supreme Court · 1908
- In re the Estate of KempNew York Surrogate's Court · 1906
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