Moss v. Cohen
New York Court of Common Pleas
Appeal from special term. Action by Ralph Moss, individually and as surviving executor of Solomon D. Moss, deceased, against Jacob Cohen and Fanny Cohen.
Read the full summary
Appeal from special term. Action by Ralph Moss, individually and as surviving executor of Solomon D. Moss, deceased, against Jacob Cohen and Fanny Cohen. Defendants demurred to the amended complaint on the ground (1) that the complaint did not state facts sufficient to constitute a cause of action; (2) that there is an improper joinder in said complaint of two alleged causes of action, to wit, one by the plaintiff individually, and one by him as executor of the will of Solomon D. Moss; (3) that the-complaint does not state facts sufficient to constitute a cause of action in favor of plaintiff…
1Opinion of the CourtPryor, J.
Upon receiving a bond of indemnity from the defendants, the plaintiff, executor and testamentary trustee, paid to defendant Fanny Cohen $6,000 of the principal of a trust fund, in which her only interest was the income during life. Having made good the fund of which he was trustee by moneys of the estate of which he-is executor, the plaintiff sues the defendants for $6,000; and the question on demurrer is whether, in any aspect of the complaint, he is. entitled to a recovery. ■
As well by the summons as by the title of the cause in the complaint, the plaintiff purports to prosecute an…
2Cases cited6 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Forsyth v. WoodsSupreme Court of the United States · 1871
- Lucas v. New York Central Rail RoadNew York Supreme Court · 1855
- Hall v. FisherNew York Supreme Court · 1855
- Lee v. . HortonNew York Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.