Keene v. La Farge
The Superior Court of New York City
The defendant having died, leaving a last will and testament by which Louisa La Farge and John Binsse were appointed his executrix and executor, and letters testamentary having been issued to them, they on an affidavit of these facts and on the pleadings, now move “ for an order to continue this action in the name of Laura Keene as plaintiff therein,” against them as such executrix and executor, “as defendants therein, and to declare said action to be in the same plight and…
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The defendant having died, leaving a last will and testament by which Louisa La Farge and John Binsse were appointed his executrix and executor, and letters testamentary having been issued to them, they on an affidavit of these facts and on the pleadings, now move “ for an order to continue this action in the name of Laura Keene as plaintiff therein,” against them as such executrix and executor, “as defendants therein, and to declare said action to be in the same plight and condition as the same was at the time of the death of John La Farge.” The action was at issue on complaint and answer…
1Opinion of the Court
Bosworth, Chief Justice.
In so far as this action proceeds on tiie idea of a breach by John La Farge, of his implied covenant of quiet enjoyment by the plaintiff, (3 Kernan, 151,) it sounds in contract and continues. In so far as it is based on the allegation of a wrong done by John La Farge, to the rights of the plaintiff as his lessee, it continues by force of section 1 of 2 Revised Statutes, 447.
The only other question is, whether the representatives of the deceased defendant may move for and obtain an order continuing the action, or whether the option is given to the plaintiff alone to…
2Cases cited1 opinion
- White v. BuloidNew York Court of Chancery · 1831
3Cited by9 opinions
- Lyon v. . ParkNew York Court of Appeals · 1888
- Livermore v. . BainbridgeNew York Court of Appeals · 1872
- Reid v. Stuart's Ex'orWest Virginia Supreme Court · 1882
- Schuschard v. ReimerNew York Court of Common Pleas · 1865
- Schuchardt v. RemiersNew York Court of Common Pleas · 1865
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