Robins v. Wells
The Superior Court of New York City
This action was commenced in favor of Charles A. Robbins, against the defendants, to recover of them the value of certain goods, which it is claimed were delivered to the defendants, to be conveyed to Muscatine, in the state of Wisconsin. The defendants are claimed to be carriers of goods, and to • be doing business under the name of the “American Express Company.”
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This action was commenced in favor of Charles A. Robbins, against the defendants, to recover of them the value of certain goods, which it is claimed were delivered to the defendants, to be conveyed to Muscatine, in the state of Wisconsin. The defendants are claimed to be carriers of goods, and to • be doing business under the name of the “American Express Company.” Before the trial, Robbins the plaintiff died, and leave was obtained to file a supplemental complaint and to continue the action in the name of Mary Jane Robbins, the administratrix. Letters of administration had been issued to her…
1Opinion of the Court
Bosworth, Ch. Justice.
The fact that the plaintiff is a foreign administratrix appears on the face of the supplemental complaint, and if that fact does not make the complaint one which fails to state facts constituting a cause of action, but on the contrary makes the case one in which the plaintiff has not legal capacity to sue, the defect is waived by the defendants’ omission "to demur. (Code, §144, sub. 2, and §§ 147 and 148). Though a foreign administratrix, she might receive payment of this claim and give a valid release. (Doolittle agt. Lewis, 7 J. Ch. R. 49).
In chancery a probate taken…
2Cases cited1 opinion
- Robinson v. ClandallNew York Supreme Court · 1832
3Cited by2 opinions
- Fairweather v. SatterlyThe Superior Court of New York City · 1867
- Ferguson v. HarderNew York Supreme Court · 1931