Robbins v. Wells
The Superior Court of New York City
Appeal from a judgment had on a dismissal of the complaint on the trial. An action was commenced by Charles A. Robbins, of Iowa, against Henry Wells, John Butterfield, and others, doing business under the name of “ The American Express Company.” Mr. Robbins having died pending the action, Mary J. Robbins, his administratrix, under letters of administration issued in Iowa, obtained leave to revive the suit by filing a supplemental complaint.
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Appeal from a judgment had on a dismissal of the complaint on the trial. An action was commenced by Charles A. Robbins, of Iowa, against Henry Wells, John Butterfield, and others, doing business under the name of “ The American Express Company.” Mr. Robbins having died pending the action, Mary J. Robbins, his administratrix, under letters of administration issued in Iowa, obtained leave to revive the suit by filing a supplemental complaint. Subsequently at the requisition of the defendants she filed security for the costs. The complaint was against “the defendants, Henry Wells, John…
1Opinion of the Court
By the Court.*—Robertson, J.
It appears by the case that only one action was tried, one set of pleadings before the court, and one complaint dismissed, and that was in the supplemental action brought by Mrs. Eobbins to enable her to succeed to whatever rights her husband had in the original action, and prosecute it to a conclusion. One of the grounds on which such dismissal was asked for was, the legal disability of Mrs. Eobbins to prosecute any action. Whatever testimony was admitted on such trial to sustain the original cause of- action was therefore immaterial, and may be dismissed from our…
2Cases cited4 opinions
- Doolittle v. LewisNew York Court of Chancery · 1823
- Candler v. PettitNew York Court of Chancery · 1828
- Campbell v. TouseyNew York Supreme Court · 1827
- Robinson v. ClandallNew York Supreme Court · 1832
3Cited by3 opinions
- Ely v. StoneNew York Supreme Court · 1940
- Varnum v. TaylorNew York Supreme Court · 1891
- Clancy v. TerhuneNew York Marine Court · 1880