Moss v. Cohen
New York Court of Common Pleas
Action by Ralph Moss, individually and as surviving executor, against Jacob Cohen and others, on a bond given by defendants to indemnify plaintiff against loss which might result from the diversion of a trust fund. Plaintiff demurs to parts of the answers. Complaint dismissed.
1Opinion of the CourtBischoff, J.
The action is upon a bond executed by the defendants, as obligors, to “Sophia Moss, executrix, and Ralph Moss and David Moss, executors, etc., of Solomon D. Moss, deceased, and to them and each of them severally and individually,” in a specified sum, to be paid “to the said Sophia Moss, Ralph Moss, and David Moss, as aforesaid, their legal representatives or assigns.” Clearly,'the literal sense of the obligation is that the obligors thereby intended to be bound to the obligees personally, and not to them in their representative capacities, the words “executrix” and “executors” of the will of…
2Cases cited15 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Place v. . HaywardNew York Court of Appeals · 1889
- Peck v. . MallamsNew York Court of Appeals · 1853
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
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3Cited by2 opinions
- Landes v. HartAppellate Division of the Supreme Court of the State of New York · 1909
- Moss v. CohenNew York Court of Common Pleas · 1895