Eagle v. Fox

By the Court.*-—Ingraham, J.

The plaintiff, as executor,

sued one Wright for a claim due to the testator. When the action was proceeding to judgment, the defendant gave this note in suit, and another to the plaintiff as executor, and took from the plaintiff an assignment of a decree made by the surrogate in favor of the plaintiff as executor against Wright. The note not having been paid, the plaintiff, as executor, brings this action to recover the same.

The defence is, that the action should have been in the name of the plaintiff individually.

There is no doubt that the note was given in payment…