Carey v. Roosevelt
U.S. Circuit Court for the District of Southern New York
• This was a suit in equity by George G. Carey, as trustee, etc., against John E. Roosevelt and others, as trustees and legatees under the will of Amos Cotting, deceased, to enforce payment of a judgment previously rendered against the administrator c. t. a. of said Cotting’s estate. The cause was beard on demurrer to the amended bill. The demurrer to the original bill was sustained and the complainant had leave to amend.
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• This was a suit in equity by George G. Carey, as trustee, etc., against John E. Roosevelt and others, as trustees and legatees under the will of Amos Cotting, deceased, to enforce payment of a judgment previously rendered against the administrator c. t. a. of said Cotting’s estate. The cause was beard on demurrer to the amended bill. The demurrer to the original bill was sustained and the complainant had leave to amend. (81 Fed. 608, where the principal facts are stated.) Thereafter the complainants filed an amended bill. Among other new averments are the following: “And your orator further…
1Opinion of the Court
OOXE, District Judge.
The demurrer to the original hill was sus mined principally upon the theory that the defendants had no opportunity to contest the claim against the testator which was revived against his administrators. As the allegations then stood the administrators had no interest in defending the revived suit, and, for aught that appeared, an unfounded claim might have been established to which a perfect defense could have been interposed had the defendants been informed of the pendency of the action and besen given an opportunity to defend it. The amendments change all this. It now…
2Cited by1 opinion
- Carey v. RooseveltU.S. Circuit Court for the District of Southern New York · 1898