Whitney v. Coapman
New York Supreme Court
APPEAL from an order made at a special term, overruling 1 a demurrer to the complaint. The plaintiffs, together with the defendant Elizabeth A. Coapman, were the executors of "Ambrose Foreman, deceased. The plaintiff Susan Coapman was a married woman. The defendant Elizabeth A. Coapman refqsed to be a plaintiff, and was therefore made a defendant.
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APPEAL from an order made at a special term, overruling 1 a demurrer to the complaint. The plaintiffs, together with the defendant Elizabeth A. Coapman, were the executors of "Ambrose Foreman, deceased. The plaintiff Susan Coapman was a married woman. The defendant Elizabeth A. Coapman refqsed to be a plaintiff, and was therefore made a defendant. The action was an action of tort, to recover the value of pertain personal property and choses in ac-s tian, alleged to have been taken by the defendant J ohn W, Coapman from the possession of the testator, in his lifetime, without his consent. The…
1Opinion of the Court
By the Court,
James C. Smith, J.
It seems to me clear, from the allegations ■ in the complaint, that this is nothing more or less than an action by the executor and one of the two executrices of the testator to recover damages against othe defendant John W. Coapman for the alleged wrongful conyersion by him of certain chattels and choses in action' of *485the testator, in his lifetime. The other executrix is made a defendant, simply because she is a necessary party, and has refused to join as a plaintiff. No claim is made against her personally, and it is manifest that none could be maintained…
2Cases cited2 opinions
- Bunce v. Vander GriftNew York Court of Chancery · 1839
- Woodruff v. CoxNew York Surrogate's Court · 1852
3Cited by3 opinions
- Peters v. SmithNew York Supreme Court · 1908
- Dean v. RoseboomNew York Supreme Court · 1885
- Peters v. SmithNew York Supreme Court · 1908