Williams v. Fischlein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louisa A. Fischlein, individually and as executrix and trustee, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of December, 1910, upon the decision of the court, rendered after a trial at the- Kings County. Special Term, overruling the said defendant’s demurrer to the complaint.
1Opinion of the Court
Burr, J.:
The plaintiff brings this action against Louisa A. Fischlein and Mina E. Harvey, ' She seeks therein to hold them liable individually and as executors of the last will and testament of Louise A. Fischlein, and as trustees under said will. For the purposes of pleading, one sued in a representative capacity is a separate and distinct person from one (although the same one) sued as an individual. • (Leonard v. Pierce, 182 N. Y. 431; Rathbone v. Hooney, 58 id. 463.) For the purposes of a. demurrer, therefore,, we may treat this action, as if persons *246different from the individuals had…
2Cases cited9 opinions
- In Re the Appraisal for Taxation of the Property of BronsonNew York Court of Appeals · 1896
- Beers v. . ShannonNew York Court of Appeals · 1878
- Barson v. . MulliganNew York Court of Appeals · 1908
- Bergmann v. . LordNew York Court of Appeals · 1909
- Leonard v. . PierceNew York Court of Appeals · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Pardee v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Estate of EbbetsNew York Surrogate's Court · 1933
- In re the Estate of BursteinNew York Surrogate's Court · 1934
- Eisner v. WilliamsMichigan Supreme Court · 1941
- Ooley v. CollinsMichigan Supreme Court · 1955
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