Newcombe v. Lottimer
New York Supreme Court
Appeal from special term, New York county. Action by Isaac B. Newcombe and Camille Weidenfeld against the Chicago- & Northwestern Railway Company and William A. Lottimer and John Blood-good, individually, and as executors of William Lottimer, deceased. Defendants Lottimer and Bloodgood appeal from an interlocutory judgment overruling their demurrers to the amended complaint. For decision on former appeal, see 8 N. Y. Supp. 366. Code Civil Proc.
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Appeal from special term, New York county. Action by Isaac B. Newcombe and Camille Weidenfeld against the Chicago- & Northwestern Railway Company and William A. Lottimer and John Blood-good, individually, and as executors of William Lottimer, deceased. Defendants Lottimer and Bloodgood appeal from an interlocutory judgment overruling their demurrers to the amended complaint. For decision on former appeal, see 8 N. Y. Supp. 366. Code Civil Proc. N. Y. § 1815, provides: “An action may be brought against an executor or administrator, personally, and also in his representative capacity, in either…
1Opinion of the CourtVan Brunt, P. J.
This is the second time that this case has been before the general term, and the facts sufficiently appear in the opinion heretofore filed on the 10th of January, 1890. Upon that appeal, the demurrer was sustained in certain respects, and the complaint has been amended, and a new demurrer put in, which was overruled at the special term, and from the judgment thereupon entered this appeal is taken. It is not necessary to discuss the questions which were disposed of by the former appeal, some of which are presented again to our attention. We shall confine ourselves to a brief consideration of…
2Cited by1 opinion
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