Ducasse v. Caze
New York Supreme Court
This was an action of assumpsit. The declaration contained three counts. The first was a count for money had and received by the defendants, Gaze and Kichaud, as administrators of Ducasse, deceased; and the second and third counts were common money counts against the defendants in their own right. Plea, the general issue.
1Opinion of the CourtKent, C. J.
At common law, an action would not lie in the common law courts to recover a distributive share, or the residuary parts of an intestate’s personal estate from his administrators. The jurisdiction of courts of common law, over these cases, arises by the statute. The plaintiff, therefore, must bring his action upon the statute, and bring *193himself fully within its provisions, before he can recover. Debt, detinue, and account, are technical words in this statute, and no other actions can be brought.(2)
The plaintiff was non-suited.
Golden, for ‘plaintiffs.
Mulligan, for defendants.
The Ecclesiastical…
2Cases cited3 opinions
- United Insurance v. Scott & SeamanNew York Supreme Court · 1806
- Dewitt v. SchoonmakerNew York Supreme Court · 1807
- Paine v. WebsterSupreme Court of Vermont · 1828