Price v. . Price
New York Court of Appeals
Appeal from order- of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term denying a motion on the part of plaintiff to substitute the executors of defendant in his stead, he having died since the commencement of the action, and to revive the action against them. (Reported below, 11 Hun, 299.) The nature of the action appears in the opinion.
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Appeal from order- of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term denying a motion on the part of plaintiff to substitute the executors of defendant in his stead, he having died since the commencement of the action, and to revive the action against them. (Reported below, 11 Hun, 299.) The nature of the action appears in the opinion. The relation of the parties prior to the decree against plaintiff was that of husband and wife under a valid marriage. (2 R. S., *139, §§ 5, 6, art. 1, title 1, chap. 8; 5 N. Y. Stat. at Large, 400,…
1Opinion of the CourtEarl, J.
The defendant named in the complaint died after the action was at issue, and a motion was then made to substitute his executors in his stead, and to continue the action against them. The executors have thus far successfully resisted the motion on the ground that the cause of action alleged in the complaint did not survive against them, and whether it did so survive is the sole question for our determination.
It is alleged in the complaint that the defendant was in 1839 married in England, to Susannah Butler, and that after living with her for a,short time, they separated, and he came to the…
2Cases cited1 opinion
- Wade v. . KalbfleischNew York Court of Appeals · 1874
3Cited by13 opinions
- Riddle v. . MacFaddenNew York Court of Appeals · 1911
- Payne's Appeal from the Doings of CommissionersSupreme Court of Connecticut · 1895
- Bernstein v. Queens County Jockey ClubAppellate Division of the Supreme Court of the State of New York · 1927
- Griffin v. BlesAppellate Division of the Supreme Court of the State of New York · 1922
- Ishie v. Alfred E. Norton Co.Appellate Division of the Supreme Court of the State of New York · 1918
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