Litchfield v. . Flint
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 22,1884, which reversed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint, and which sustained the demurrer and directed judgment thereon.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 22,1884, which reversed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint, and which sustained the demurrer and directed judgment thereon. The complaint in this action alleges, in substance, that on or about the 27th day of May, 1873, JEL Maria Litchfield departed this life in the county of Kings, leaving a last will and testament wherein the plaintiff was nominated executor; that thereafter, on the 15th day…
1Opinion of the CourtEarl, J.
-We are of opinion.that the complaint-- states a good cause of action and that the demurrer was not, therefore, well taken.
While the note mentioned in the complaint contains a •promise to pay E. B. Litchfield, “ executor of the estate of H. Maria Litchfield, deceased,” the words quoted are mere descriptio personas. . There is nothing in the complaint showing that the loan was made by him as executor and in no other capacity; and upon the facts alleged in the complaint, if Litchfield had desired to commence suit directly upon the note against the maker thereof, he would have been obliged to…
2Cases cited3 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Peck v. . MallamsNew York Court of Appeals · 1853
3Cited by28 opinions
- Jefferson v. AschSupreme Court of Minnesota · 1893
- Mock v. City of Santa RosaCalifornia Supreme Court · 1899
- Leonard v. . PierceNew York Court of Appeals · 1905
- Mtr. of Knox (Columbia Banking)New York Court of Appeals · 1985
- Rose v. Third Nat. BankCourt of Appeals of Tennessee · 1944
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