Saperstein v. . Ullman
New York Court of Appeals
Appeal from an order of .tlie Appellate Division of the Supreme Court in the fourth judicial department, entered March 29, 1900, reversing a judgment in favor of plaintiff entered upon the report of a referee.
1Per curiam
We are of opinion that the result reached by the majority of the Appellate Division was correct, and that the order of that court granting a new trial must be affirmed. The action was at law against the defendant individually and as executor of his wife’s will. The judgment granted at the Special Term was against the defendant, not individually, but as executor. As the action was at law execution on the judgment would run against the goods of his testatrix. It may well be that an action in equity could be maintained to charge the plaintiff’s claim on such property as the deceased bequeathed…
2Cited by2 opinions
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