Hall v. Richardson
New York Supreme Court
Appear by tbe defendant from a judgment in favor of tbe plaintiff, entered upon tbe report of a referee. Tbe defendant was appointed and qualified as sole executor of Lutber Hall, deceased, wbo died August 17, 1871, leaving a farm and certain personal property in "Wbitestown. Tbe plaintiff claimed to be a tenant in possession of tbe farm, and to bave certain personal property on it.
Read the full summary
Appear by tbe defendant from a judgment in favor of tbe plaintiff, entered upon tbe report of a referee. Tbe defendant was appointed and qualified as sole executor of Lutber Hall, deceased, wbo died August 17, 1871, leaving a farm and certain personal property in "Wbitestown. Tbe plaintiff claimed to be a tenant in possession of tbe farm, and to bave certain personal property on it. There was a controversy between tbe plaintiff, ber.husband and others interested in tbe estate, and an adjustment was made thereof, by which she surrendered her interest in tbe property to tbe defendant, on bis…
1Opinion of the Court
Hardin, J.:
'We think the former action was not a bar to this action. (Porter v. Kingsbury, 77 N. Y., 164.)
In the former action, the defendant here was sued in his representative capacity, here he is made a defendant in his individual capacity. Under such circumstances, the pending of the former action was not a defense to this action. There was not “ another action pending between the same parties for the same cause.” (Code Civ. Pro., §§ 488, 498; Kelsey v. Ward, 16 Abb. Pr., 98; affirmed, 38 N. Y., 80; Auburn City Bank v. Leonard, 20 How. Pr., 196.) We do not think that Patience S. Hall was…
2Cases cited15 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Levin v. . RussellNew York Court of Appeals · 1870
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
10 more not listed; retrieve them via the Exa API.