Legal Opinion
Driscoll v. Loeb
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 1945PublishedCited by 3 opinions
1Opinion of the CourtCohn, J.
The general rule is that a foreign executor or administrator cannot sue or be sued in his or her representative capacity within the State, save in exceptional cases, where it is essential to the administration of justice. (Baldwin v. Powell, 294 N. Y. 130, 133; Helme v. Buckelew, 229 N. Y. 363, 365; Holmes v. Camp, 219 N. Y. 359, 372; De Coppet v. Cone, 199 N. Y. 56, 61.) “ The policy of the law is, that estates of decedents shall be settled as far as possible in one forum, not in a number. It is only where facts appear showing that the original forum will be unable to perform the duty…
2Cases cited7 opinions
- Helme v. . BuckelewNew York Court of Appeals · 1920
- McMaster v. GouldNew York Court of Appeals · 1925
- Holmes v. . CampNew York Court of Appeals · 1916
- Baldwin v. PowellNew York Court of Appeals · 1945
- De Coppet v. . ConeNew York Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bennett v. Harrisville Combing Mills, Inc.New York Supreme Court · 1952
- Messner v. WyteDistrict Court, S.D. New York · 1963
- Ray v. Fairfield County Trust Co.New York Supreme Court · 1959