Worden v. Worthington
New York Supreme Court
Demurrers to replications. The declaration averred that the plaintiffs were administrators of Reynolds, and it contained the common counts' for goods, wares, and merchandise, sold and delivered by the plaintiffs. Same on a quantum valebant. Also, for money lent and advanced, and paid, laid out; and expended by plaintiffs for, and had and received to their úse by, Worthington in his lifetime, and on an account stated.
Read the full summary
Demurrers to replications. The declaration averred that the plaintiffs were administrators of Reynolds, and it contained the common counts' for goods, wares, and merchandise, sold and delivered by the plaintiffs. Same on a quantum valebant. Also, for money lent and advanced, and paid, laid out; and expended by plaintiffs for, and had and received to their úse by, Worthington in his lifetime, and on an account stated. All the counts charged that the defendant’s intestate, in his lifetime, was indebted to the plaintiffs; and the count on An account stated alleged that he, in his lifetime,…
1Opinion of the Court
By the Court, Hand, J.
The grave question whether the time between the death of the intestate and the issuing of letters of administration, over that expressly excluded by the statute, shall be computed as time in which the statute of limitations runs, does not arise in this case. It is very doubtful whether the action is brought in the representative character of the plaintiffs. The declaration describes the plaintiffs as administrators of Reynolds, and makes profért of the letters ; but it does not state that the promises were made in his lifetime, nor to him, nor for an indebtedness to him,…
2Cases cited4 opinions
- Myer v. ColeNew York Supreme Court · 1815
- Reynolds v. ReynoldsNew York Supreme Court · 1829
- Christopher v. StockholmNew York Supreme Court · 1830
- Martin v. SmithSupreme Court of Pennsylvania · 1812
3Cited by3 opinions
- Hockman v. McClanahanSupreme Court of Virginia · 1890
- Scrantom v. Farmers & Mechanics' BankNew York Supreme Court · 1860
- Morehouse v. BallouNew York Supreme Court · 1853