Leavitt v. James F. Scholes Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The James E. Scholes Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of May, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of May, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
In my opinion it was error to deny the motion to dismiss the complaint. It appears from the complaint and the epitome of the evidence printed in the .case that plaintiff is carrying on the business formerly carried on by her decedent, and is doing so under his name. The property which is the subject of this action was purchased by her in the course of such business. It is well settled, as I understand it, that a cause of action arising-under such circumstances is personal to the executor, and not one belonging to the estate. {Austin v. Munro, 47 N. Y. 360; Willis v. Sharp, 113 id.…
2Cases cited1 opinion
- Austin v. . MunroNew York Court of Appeals · 1872
3Cited by3 opinions
- Leavitt v. Jas. F. Scholes Co.New York Court of Appeals · 1913
- Ehrman v. BassettAppellate Division of the Supreme Court of the State of New York · 1913
- Ehrman v. BassettNew York Supreme Court · 1913