Austin v. . Munro
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term overruling demurrer to complaint.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term overruling demurrer to complaint. The allegations of the complaint are as follows: “ The plaintiffs above named complain of the defendants above named, and show that, on or about the 9th day of August, 1860, the defendants were duly appointed executors of the last will and testament of John Munro, deceased, and have ever since been and acted as such. “ And the plaintiffs further show that, prior to the commeneement of this action, and during more than twelve…
1Opinion of the CourtAllen, J.
The complaint is upon a single cause of action, founded upon the contract of February, 1861, alleged to have been made with the defendants as executors of John Munro, deceased. All that is averred in relation to services in the action, upon the retainer of the testator, prior to that time, is mere matter of inducement; and there is no allegation of indebtedness by the testator for such services, or claim to recover upon his retainer or promise. It may possibly be inferred that the plaintiffs claimed that the testator was indebted to them at his decease for such services; but it is merely an…
2Cases cited5 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Myer v. ColeNew York Supreme Court · 1815
- Reynolds v. ReynoldsNew York Supreme Court · 1829
- Demott v. FieldNew York Supreme Court · 1827
3Cited by149 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Willis v. . SharpNew York Court of Appeals · 1889
- Vass v. Conron Bros. Co.Court of Appeals for the Second Circuit · 1932
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
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