Demott v. Field
New York Supreme Court
- Motion in' arrest of judgment. The "declaration- contained four counts: the two first, in assumpsit on promises 0f the intestate; and the two last on promises of the defenaant, as administrator, to pay for funeral expenses of intestate. The cause was referred, and a general :report was made in favor of the plaintiff, without distinguishing on which Set of-counts, whether those upon the promises of the intestate, or the' defendants. relied on Myer v. Cole, 12 John. 349.
1Opinion of the Court
Curia, Per Savage, Ch. J.
'The case óf Myer v. Cole, is in point for the motion. The different sets of counts, two being on promises of the intestate, and two on those of the defendants, for a consideration arising after the death of his intestate, require ‘ different judgments; the first, de bonis intestatoris; the last, de bonis propriis. And though the estate of the intestate in the defendant’s hands would be liable over, to the satisfaction of the claim for funeral expenses ; that does not alter the form of proceeding. The defendant would be liable on the promise charged upon him, whether…
2Cited by14 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Parker v. . DayNew York Court of Appeals · 1898
- McLaughlin v. WinnerWisconsin Supreme Court · 1885
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