Campfield v. Ely
Supreme Court of New Jersey
This was an action brought in the court for the trial of small. causes by Caleb H. Ely, and James Ely, to recover the amount of certain articles of mourning apparel procured at their store, on the day the testatrix died, but after her death, by two females who lived in her family. It appeared in evidence on the trial, that the articles were actually used at the funeral and were suitable to the condition in life of the testatrix.
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This was an action brought in the court for the trial of small. causes by Caleb H. Ely, and James Ely, to recover the amount of certain articles of mourning apparel procured at their store, on the day the testatrix died, but after her death, by two females who lived in her family. It appeared in evidence on the trial, that the articles were actually used at the funeral and were suitable to the condition in life of the testatrix. No express authority or direction to procure the articles was given by the executor, and the suit was not brought, till after he had settled with the Orphans Court.…
1Opinion of the CourtEwing, C. J.
The plaintiff in certiorari was sued in the court for the trial of small causes for the amount of a small account for funeral expenses. Judgment was rendered against him in that court and also in the Court of Common Pleas upon appeal. The latter judgment he now seeks to reverse.
The first reason he assigns is that an action for funeral expenses can be maintained against an executor in his individual charactei only, and not in his representative capacity. And in support of this position he cites Myer v. Cole, 12 John. 849, and Demott v. Field, 7 Cowen, 58.
Whatever may be the doctrine in this…
2Cited by1 opinion
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