Newberry v. Robinson
U.S. Circuit Court for the District of Southern New York
In Equity. On demurrer to bill. This action is brought by Helen S. Newberry, as administratrix of John S. Newberry, deceased, and James McMillan, citizens of Michigan, against Nelson Robinson, Frank 0. Hollins, Walston H. Brown, and Arthur J. Moulton, citizens of New York, and others, alleged to be stock-' holders of the Lake Erie & Western Railway Company, to enforce a statutory liability created by the laws of Ohio, where the company was incorporated.
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In Equity. On demurrer to bill. This action is brought by Helen S. Newberry, as administratrix of John S. Newberry, deceased, and James McMillan, citizens of Michigan, against Nelson Robinson, Frank 0. Hollins, Walston H. Brown, and Arthur J. Moulton, citizens of New York, and others, alleged to be stock-' holders of the Lake Erie & Western Railway Company, to enforce a statutory liability created by the laws of Ohio, where the company was incorporated. Helen S. Newberry was duly appointed administratrix by the probate court of Wayne county, Mich., and on the 2d of April, 1887, she, in her…
1Opinion of the Court
Coxe, J.,
(after stating the facts as above.) There is no doubt as to the general'rule that an administrator cannot sue or be sued in his official capacity outside the limits of the state where he was appointed. Vaughan v. Northup, 15 Pet. 1. It is also well settled that a judgment in legal effect creates a new debt, and it is this debt, so evidenced, that the complainants sire seeking to enforce. Unquestionably the complainant New-berry could have maintained an action against the railway company upon the judgment in this state, in her'personal capacity. She could have- so brought this action.…
2Cases cited9 opinions
- Lámar v. MicouSupreme Court of the United States · 1885
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
- Hatch v. DanaSupreme Court of the United States · 1880
- Ogilvie v. Knox Insurance Co.Supreme Court of the United States · 1860
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3Cited by3 opinions
- Moore v. KraftCourt of Appeals for the Seventh Circuit · 1910
- Graham v. LybrandCourt of Appeals for the Seventh Circuit · 1905
- Waters v. Central Trust Co. of New YorkU.S. Circuit Court for the District of Southern New York · 1900