King v. King
New York Supreme Court
Motion by both sides for a direction of a verdict, reserved for consideration by consent of the parties.
1Opinion of the Court
Gaymob, J.:
George F. Morse as executor of an estate sold property of the estate to the defendant and took his promissory note for the purchase price. The plaintiff is one of five next of kin to whom such estate is distributable. The said executor by a written instrument assigned to her a one fifth part of the said debt and note after it came due, and she brings this action to recover of the defendant such part.
The action cannot be maintained. The obligation of the defendant is single and indivisible; it cannot be divided into parts. Only one action, i. e., for the debt in its entirety, can be…
2Cited by9 opinions
- First National Bank v. SchrubenSupreme Court of Kansas · 1928
- Porter v. Lane Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Blake v. WeidenNew York Court of Appeals · 1943
- Barkley v. MullerAppellate Division of the Supreme Court of the State of New York · 1914
- Goodwin v. Investors & Traders Reality Co.Appellate Division of the Supreme Court of the State of New York · 1924
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