Obnet v. Ridder
New York Supreme Court
Motion by plaintiff to change the title by omitting therefrom the words “ individually and as executrix and executor of the Estate of Theresa M. Amend.”
1Opinion of the CourtGreenbaum, J.
The defendants being sued individually and as executors were in effect sued as separate parties. The defendant served was therefore justified in answering as an individual and demurring as executor. Leonard v. Pierce, 182 N. Y. 431, 432; Keating v. Stevenson, 21 App. Div. 604. After the issue of law was noticed for trial this motion is made by plaintiff to permit him to change the title by omitting the words individually and as executors, etc.” The motion is really one to amend the complaint or to discontinue as against the executors. The plaintiff is entitled to the relief desired, but only…
2Cases cited3 opinions
- Leonard v. . PierceNew York Court of Appeals · 1905
- Keating v. StevensonAppellate Division of the Supreme Court of the State of New York · 1897
- Kerrigan v. PetersAppellate Division of the Supreme Court of the State of New York · 1905